Is my Form 4 for Section 13 Rent Increase Invalid? Lawyer thinks so. I don't

Landlord Discussion Legal
1

  • Assured Tenancy agreement started on 15th July 2015 on a 12 month contract.

  • Date of advance rent payment was set to be 14th of each month

  • Converted to periodic monthly as nothing was later signed. Starting 15th of every month and ending 14th of next month

  • Form 4 was first used in 2024 with fields:

    • The first rent increase date after 11th February 2003: 15 July 2024

    • Starting date of new rent: 15 July 2024

    • Tenant complied

  • Form 4 was used in 2025 with fields:

    • The first rent increase date after 11th February 2003: 15 July 2024

    • Starting date of new rent: 15 July 2025

    • Posted first class on 11 June 2025 so deemed served 13 June 2025

  • Tenant has continued to pay old rent

  • Tenant has gone to tribunal but it wasn’t received by then before the new rent start date

  • Can’t do section 21 because I didn’t follow correct procedure when initially renting out (including securing deposit, How to Rent etc)

  • I want to serve section 8 on the following grounds

    • 10 - some rent arrears (but not 2 months’ worth)

    • 11 - persistent rent delays

    • 12 - breach of contract terms (don’t allow access to property at all with notice for gas certificate or repairs)

    • 13 - neglecting property/damage

  • Lawyer suggests that my form 4 is invalid because the Starting date of new rent should have been 14 July 2025 as that is the day they are supposed to pay rent

  • I disagree as I think it should align with the date of the commencement of the monthly periodic agreement, i.e. 15th

  • Lawyer suggests that 15th would go against housing act due to minimum notice, it should be 14th

What do you think?

2

Return the deposit, use section 21 ?

3

The deposit doesn’t actually exist since one month in 2017, they were experiencing hardship and wanted me to use their deposit as the months rent. I dont mind paying deposit back out of my pocket. But I’m not sure if this would solve other procedures I was supposed to follow but didnt back in 2015. e.g. serving How to Rent.

Also, they dont let access even for the yearly gas certification which is now out of date, I think the EPC is still valid. This is required for S21.

1 Like
4

The requirement to issue a how to rent booklet wasn’t in force in July 2015

5

Im not convinced by the solicitors argument. Amending the payment date is rarely a good idea, but I think in this case it just means that the first payment of the increased rent would be 14 August as the requirement kicks in after the July payment is due.

I wouldnt waste your time with a s8 solely on these discretionary grounds. The chances of success are next to zero. Even if you waited until the amount owed reached 2 months rent so that you could use ground 8, a judge could just offset any penalty the tenant may be owed for messing up the deposit protection and this would take the amount back under the 2 month threshold. I would agree with the suggestion of using s21. The critical gas certs are usually the one before the tenant moved in and the current one. If the tenant is denying access, you will need evidence of several failed attempts to get the cert done before a judge will allow the claim.

If you have written evidence of the deposit being used against rent then the lack of proper protection should not be an issue for s21 purposes.

Do an internet search on “nearly legal s21 flowchart” and check if you could serve a valid one.

6

Do you disagree with your lawyer or the tenants lawyer?

If your lawyer, find a lawyer who does agree with you.

If their lawyer, the courts will decide who is wrong or right.

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