Rent Increase on periodic tenancy

Landlord Discussion Legal
1

I had a 1 year fixed term tenancy via Openrent which has automatically turned into a periodic tenancy as they have been in the property nearly 2 years.

I now wish to increase the rent due to major increases in the mortgage payments, I am now getting confused in the process in which I need to follow as Openrent states 'If you’re looking to make changes to the tenancy (adding or removing tenants and guarantors or increasing the rent), you will need to renew the tenancy. ’ Meaning a new fixed term contract.

However when looking on the Gov.uk website it states using ‘Form 4: landlords’ notice proposing a new rent under an assured periodic tenancy of premises situated in England’

‘This form should be used by landlords when proposing a new rent under an assured periodic tenancy (including an assured shorthold periodic tenancy) of premises situated in England.’

I am just confused as what I should be doing as it seems to be conflicting as Openrent is stating I must start a new fixed term tenancy agreement to increase rent however the Gov.uk websites states to use a form 4 during a periodic tenancy to notify of the rent increase (presumably remaining as a periodic tenancy).

If anyone could advise please.

Thanks

2

You don’t normally have to renew a tenancy to increase the rent. As you say, once the tenancy is periodic you can use a s13 notice, (form 4) to set the new rent. The exception to this would be if its both a Contractual Periodic Tenancy and there was a rent review clause in the contract specifying how rent must be increased.

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