The tenancy will become periodic this month. We agreed by email with the tenants in March that there would be a small increase in rent at this point. No formal notice served then. Given new legislation requiring Form 4A to be served 2 months before rent increase, am I able to rely on the March agreement to effectively start the increase this month, or does the new legislation override any informal agreement? ie if I serve s4A now, do I have to wait 2m to effect the increase?
Actually it became periodic on 1 may with the new legislation.
Get legal advice or ask nrla /a landlord association but i wouldnt rely on a past informal agreement. Use the new requred s13 process for any rent increase after 1 may and allow 2 months. Why would you take the risk for the amount of the increase for 2 months? Penalties if you get this wrong will be much higher
@David122 may be able to advise further
Best
Your tenants were fully informed of the amount and the timing of the rent increase in March? Correct ? What date in march did you inform them? Rent day?
1 Like
not rent day - 26/3 and not exact amount, just percentage increase 3%
1 Like
You don’t start the increase. The tenants do by paying it.
If Ts do not pay increased rent this month then you have no choice but to issue Form 4A and wait until September for the increased rent to start.
Because you’ve obviously not realised the full impact of massive changes in legislation that everyone and his dog should be aware of, I would encourage you to play by the rules and do that.
You haven’t mentioned the actual figures for the increase so we don’t know what you’ll be losing out by not being clued up on the changes, but I’d consider that the price to pay for learning this lesson.
1 Like
I suggest you read the government information sheet which should have been served on your tenants in May. It clearly states how your Assured Shorthold Tenancy was transferred in to a Assured Periodic Tenancy on the 1st May and the new procedure for rent increases.
Best!
1 Like
let’s hope it was 
1 Like
do you have a good relationship with T’s ? what was there response to email ?
Did you ask for a response? Presume they have not paid the increase on the 23/5?
Best
Actually according to independent LL if you dont increase rent using s13 there’s no Sanction but increase notice simply not valid
### 2. Increasing rent other than by Section 13 process
Landlords can no longer increase rent unless they use the Section 13 process (the new Form 4A). Any other method is invalid."
Sanctions: none, although trying to increase rent by any other method has no effect.
RRA was not retrospective to pre 1st May. No laws are. Any court in the land will agree.
LL was correct in making ‘any’ vaible approach to T’s for a rent increase, in this case email. Of course after 1st may a ‘new’ approach to T’s must be by Section 13 Form 4 and only annually.
LL was not specific enough to state a number in pounds. Only stated %. can only now re-clarify what 3% actually translates into cash and explain rent increase still due from 23rd May or rent day whichever is a clear 2 months notice unless previous AST stated otherwise in clauses. Then judge response from T’s as to if they are going to comply or negotiate a different figure.
I usually give 2.5 months notice and email a pdf of the form and follow up with a text saying email sent and to confirm receipt. Never had a complaint. discussion on a lower figure, yes but no denial they did not receive any formal or infomal notice.
Just done my first form 4a as opposed to previous form 4. takes effect 1st Sept all being well.
Its not about being retrospective. The important date is the date of the rent increase which is after 1st May, so new rules apply. The important date is not the date you ‘approach’ your tenant, otherwise I could have approached my tenant in 1969 & agreed rent increases all the way upto 2050.
If the rent increase is after 1st May, it has to be form 4a, or Form 4 issued before 1st May.
Hopefully you did it prior to 1st July if you were planning an increase in Sept.
Key thing in this case is that the OP didn’t issue a Form 4 but relied on an informal means. Therefore, all the Ts have to do is completely ignore the email and keep paying current rent until two months after this LL finally issues a 4A.
If the Ts are clued up, that’s exactly what they’ll do, potentially saving themselves/costing the LL thousands of pounds for the sake of a simple form.
1 Like
@Ray12 I havent claimed anything is retrospective. Only that as increase is after 1 may my understanding is the new rules apply, so s13 2month process must be followed to be certain the increase is valid and cant just be ignored by tenant.
Best
No rent increases agreed before 1 May other than by s13 will survive the transition to the new RRA rules.
1 Like
@Mary34 your view ? …