Tenant did not sign new AST with rent increase

Landlord Discussion Legal
1

Hello,

I have read some of the similar questions and answers provided but unsure if the law has changed since etc.
I have had the same tenant for last 6 years and kept the rent the same for the first 3 years, a minor increase in the 4th, no increase in the 5th.

2 months before the last AST expired I proposed a new tenancy agreement which the guarantor signed but the tenant did not. A few days before expiry I called tenant to discuss their plan, and tenant said they will need to speak to their housing manager (As the tenant is also on Universal credit maybe housing manager comes with this I don’t know) but never reported outcome of that discussion even after i followed up on text.

I cannot afford to keep the rent that low as I am running at a loss what steps should i take from here?
*serve a section 13? to propose rent increase which i know they wont sign or agree to
**serve a section 8? on what grounds

2

They do not need to accept or reply to a Section 13 notice. That is an instruction to increase rent, not a question. They must either pay the increase, or appeal as per the notice.

2 Likes
3

Thank you for your response - new in this situation.

So section 13 is the next step to take then in your opinion? and see if tenant pays or appeal

4

If youve issued a new tenancy agreement, you would not now be able to serve a valid s13 notice unless you have it in writing that the tenant has rejected it.

Its always difficult when the tenant just goes silent. You should probably take legal advice on how you can ensure that the new contract is agreed. I would be inclined to write formally to the tenant stating that I believe the new tenancy agreement is now in force and the rent will be £x from (date). I would add that if the tenant does not agree, they should write back formally rejecting it within the next 14 days. I would then start recording and notifying them of any arrears that accrue. This is a reasonable approach, but Im not 100% certain that a judge would accept it if challenged.

5

Thanks David, the start date for the new tenancy has been and long gone, so I have withdrawn it. It was meant to have been signed beginning of Jan.

The AST is now APT if those are the right acronym, so I served section 13, new rent effective April, cos it also needs 1 month notice.

With that done and Openrent sent an email to tenant and radio silence is now broken.