my tenants will not sign a contract renewel, and they intend to stay in the property on a rolling contract to avoid paying any rent increase. their 2year tenancy agreement expires 9 April 2024.
i want to enforce the break clause of 8 weeks notice as per our contract, do i need to serve them a Section 21 at the same time?
Why don’t you just serve a s13 rent increase notice, which is the one to use when the tenancy is periodic, (assuming you have no rent review clause in your tenancy agreement).
if they think they can avoid a rent increase they are mistaken. Unless your agreement says something else
no need to evict them, unless there are other reasons you consider them not to be good tenants
It’s best for you to just let it go periodic, and then either agree a rent increase with them, or force one through using Section 13 notice.
Is your periodic contractual or statutory
If contractual do you have a rent review clause and is it legal ( percentage increase and when it comes into force and frequency of increase)
If there is a rent review clause just email them
Do not serve a s13 on a contractual periodic with a fair /valid rent review clause
If it is statutory serve a s13
Why do you say not to issue S13 on Contractual periodic tenancy?
A contractual periodic is an extension of the original AST
Thus with a valid rent review clause ( that is it’s fair and specified when, by how much and frequency of increase ) it is binding
One cannot not therefore serve a s13
A statutory periodic is a new contract and not an extension of the AST. Thus a rent review clause does not apply and one should serve a s13
A contractual tenancy agreement does not have to include a rent review clause.
I have re-read your post, and agree that S13 is pefectly acceptable way to increase rent, if there is ‘not’ a rent review clause included.