After another one year fixed contract, if the tenant insists to get a rolling contract on monthly basis, is it possible to change the rent? A tenant rolled it for another year while the local rent increases so much but I still keep the same rent as in two years ago. I think it is reasonable to slightly increase the rent after over 2 years to be consistent with the local rent,but how this can be done if they still insist rolling contract? Can landlord decline?
You can only increase the rent during a rolling periodic contract. You serve them a s13 notice with the new proposed rent. A rolling contract is better for you too.
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The Section 13 is to be served giving one month’s notice to the AST anniversary , for example if the periodic rent start date is the 26th September 2020, you should have served the Section 13 (Form 4) by the 25th August 2021 for the 2021 rent increase to take effect.
" A Section 13 Notice can only be served in a periodic tenancy. It can only be served **once every 12 months .
“The minimum notice period for tenancies with a period equal to or shorter than monthly (e.g. fortnightly or weekly) is one month” if you have a contractual periodic tenancy that includes a rent review clause, then the terms of that clause must be adhered to and Section 13 will not be able to be used."
Being interested in this thread. I have signed a six month period contract this month, it will expire in 31st March 2022. Can I serve notice for rent increment in end of February 2022? many thanks!
You have to be in the periodic tenancy, unless your contract specifies otherwise.
Question is why would you do it after 5 months? Do you actually think that’s what a decent LL would do?
I have been with this tenant more than 3 years now, contract was changed from 12 month AST to 6 month AST one year ago. Rent is kept same as 2018, thinking to increase bit to cover cost…
Why don’t you just allow the contract to become periodic after the first 6 months. It would be far easier and would give you more flexibility for such things.
If you and the tenant agree a new rent informally and they start paying it, it becomes binding.