Hello there to all reading, I have been struggling to come to a conclusion whether I can serve a Section 13 Notice to my tenant during the fixed-term tenancy but have the rent increase take place a month after the fixed tenancy end date. I saw a variety of answers online which conflicted with each other, so if anyone has the knowledge to comment on this, or if it is only possible to serve a Section 13 Notice after the fixed term ends and goes into a periodic tenancy. If the latter was the case, then that would mean the tenant gets a further extra month of no increase in rent due to needing to wait a day after to serve the notice and place a date 2 months ahead on the notice.
Section 13 of the Housing Act 1988 allows landlords to increase rent for tenants in periodic tenancies. Landlords can only use this process once every 52 weeks, starting from the beginning of the tenancy
you need to give some warning so let them know at least a month before the year is up. I usually refer to inflation / RPI or market rates as to why (justification) the rent is going up the amount I haver requested and if you want to give them a break say you are increasing it below inflation rate because they are good tenants and you appreciate them paying on time and looking after the place or whatever applies. its nice to be nice to good tenants.
if they are bad tenants and dont look after the place then you might want to increase a bit more to mitigate your increased envisaged end of tenancy costs
The rent is at about 20% below the market price, and so reasonable to do so as the tenant is refusing to come to a mutual agreement.
The main question I still have open to be answered is if I can serve S13 Notice before the tenancy ends, but have the rent increase date during the periodic tenancy?
Unless your AST contract says otherwise, I cant see any reason why you cannot give notice of the price increase during the initial fixed term, which will come into effect after the fixed term is ended.
My view would be whilst you cannot increase the rent during the fixed period, you can issue the notice to take effect after the fixed term when the tenancy moves to periodic. I guessing in theory one could issue the section 13 on move in giving the tenant 12 months notice their rent is going up in 12 months time. The section 13 states a minimum notice period not a maximum notice period. I tend give my tenants 3 months notice of any increase.
“Section 13 notices can be used on fixed-term tenancies in instances where they have expired and become periodic tenancies. In this case, the notice can only be served after the tenancy becomes statutory periodic.”
I read a similar phrase to the above on multiple places. This makes me doubt if I am legally able to serve it during the fixed term but it coming into effect after the fixed term ends. Are you all sure its fine or I have to serve it after the fixed term ends and becomes statutory periodic?