Correct legal form/method to use for rent increase of Statutory Periodic Tenancy

Landlord Discussion Legal
1

Hello all,
I am new to this forum and hope you can shed some light on this. I am pretty confused on what form I need to use when increasing the rent to my tenants.

We signed an Assured Shorthold Tenancy Agreement (fixed 6 months term and then on rolling periodic tenancy) in May 2019. I’ve never increased the rent since.

The 'Notice proposing different terms for a Statutory Periodic Tenancy" states “that this must be served no later than the first anniversary of the day on which the former fixed term tenancy ended”. In my case: Nov 2019. Hence, I can’t use it. Besides, it also states ‘do not use this notice if you are a landlord proposing only an increase in rent. Use, instead, the Landlord’s Notice Proposing a new rent under an Assured Periodic Tenancy’.

However, the 'Landlord’s Notice Proposing a new rent under an Assured Periodic Tenancy of premises situated in England" refers me back to the above form.

I am going around in circles. Am I not allowed to increase the rent as and when I wish rather than every year (especially with a raging pandemia)? If so, which form shall I use for a Statutory Periodic tenancy (on a roll-on basis after the 6m fixed period ended)?

Can I just send them an email and cut down on all these very contradictory forms?

Thanks in advance to all for taking the time to read and for any help you can provide.

Simonetta

2

Im not sure what your AST contract says regarding a periodic trnsncy but it doesnt sound helpful. I wouldnt suggest you use that template again.

The usual advice with rent increases is to agree it informally with the tenant. As soon as they start paying it, it becomes binding.

If you expect resistance from the tenant, then serve a formal s13 notice. Govt form 4.

3

Thanks David! I’ll go via the informal route. Govt form 4, note 10, under Guidance notes for landlords is the bit that confused me but fingers crossed all will be well