Anyone aware of written clarification on the legality of a sect 13 being accepted if not challenged in any way ? I have searched to no avail
A tenant may challenge a s13 notice through the tribunal and their decision in final. If they dont do this, then the rent rise is binding and if unpaid, they would accrue rent arrears.
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Thank you David that’s how I understood it.
My tenant point blank refuses to accept the increase stating “ the original contract is still valid because he hasn’t signed anything and is underpaying his rent by the increase every month. it’s going to take forever to meet the criteria for a sect 8
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not sure i understand, are you saying you started this tenancy without them signing the AST and now you consider to increase the rent despite the fact he is not paying his rent in full each month at the moment?
Assuming that the tenancy is now periodic and that your s13 notice is valid, then I would have one more go at getting him to understand his real options. Maybe send him this link from Shelter: Rent increases during a fixed term | Shelter England - Shelter England. If he still refuses to accept it, Id serve a s21 notice.
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No his original six month fixed AST began April 2022. And became periodic in October 2022
served the sect 13 in November to begin January he acknowledged receipt then decided to ignore it and carry on paying his original rent amount so now in arrears
David trust me I have tried, I have suggested he take advice from shelter numerous times.
He is resolute that the terms of his original contract and original rent amount are still valid because he hasn’t signed anything.
Approached for references from the council and HA I can only be 
honest he has numerous tenancy breaches, refuses to engage and since January 2023 has begun accruing rent arrears from choosing to ignore the rent increase.
why not just kick him out with a section 8 or just give a section 21
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By only underpaying the increase it will take forever for him to be in 8 weeks arrears.
Yes I may have to resort to a sect 21
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Well, you said he has numerous tenancy breaches. That is Ground 12 from section 8 for eviction. any tenancy breach, once you got all the evidence etc then submit to court.
Ground 12 is discretionary and highly unlikely to result in a possession order at court unless the breaches are extremely serious.
I am fortunate, the property is not mortgaged.
I can afford to bide my time. His debt his choice.
S21, on leaving, apply for any rent arrears to be taken out if his deposit. Make sure you keep all text, emails and letters
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Thanks I did think about recovering arrears from the deposit scheme.
Any suggestions on who I could use to check over the sect 13 I served to ensure it is valid ?
I wouldnt do that until theyve left if I were you. The arrears are still growing at this point.
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Your not wrong no rent at all received today, bloody good job I’m not in a position that I need the income
Use section 21 now, while it’s still an option. If you delay you will have to resort to section 8, and has you say, that will take a while.