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Hi, I wish to increase my tenants rent and every single place I look doesn't explain fully what to do in my situation.

 

For some reason the management company that had put the agreement in place had failed to include a procedure for increasing rent within the agreement. I now no longer have a management company for separate reasons but their agreement is still in place.

 

The tenants are currently in a 12 month agreement ending in 2 months and their rent is paid monthly and charged per calendar month.

I wish to increase the rent in up to 8 months from now or less which will be 6months maximum after their tenancy agreement ends and rolls onto a periodic tenancy.

 

I am at this moment unsure as to whether at the proposed time of rental increase (8 months from now), that the tenants will be on  periodic agreement rolling on from the existing AST or if a new 6 or 12 month AST will be in place. 

 

So it should be straightforward in my opinion but can't find exact instructions. This is what the government website shows: https://www.gov.uk/private-renting/rent-increases

 

It states ''For a fixed-term tenancy (running for a set period) your landlord can only increase the rent if you agree. If you don’t agree, the rent can only be increased when the fixed term ends.''

 

It also states: 

If the tenancy agreement lays down a procedure for increasing rent, your landlord must stick to this. Otherwise, your landlord can:

  • renew your tenancy agreement at the end of the fixed term, but with an increased rent
  • agree a rent increase with you and produce a written record of the agreement that you both sign
  • use a ‘Landlord’s notice proposing a new rent’ form, which increases the rent after the fixed term has ended

Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice.

The confusion:

There is a current 12month agreement in place but I wish to increase the rent outside of this during the periodic term. (in 8 months time)

 

It states during a periodic term a section 13 notice must be served but its within the agreement time (AST) that I wish to serve the notice.

 

You can't serve a rent increase notice during an AST but can you serve it during that time in order for it to begin outside of that time in order to give more notice?

 

Notice to be given, it appears that if I were to renew the agreement upon its expiry then it can be done so with an increased rental figure. Thus renewal being looked at leading up to the end of the agreement and increasing rent immediately upon renewal and therefore only giving minimal notice of 1 month. It also says that a minimum of one months notice must be given if paying rent monthly but then says if its a yearly tenancy then you must give 6months notice. This is confusing as the agreement is for 12months and they pay monthly. My understanding is when it says yearly tenancy that refers to increasing the rent during the agreement and must give 6months notice which is understandable considering the agreement for a set rent was signed for the full 12months.

 

Can I just issue a letter to the tenant explaining the rental increase and give them 8 months notice and fall onto the periodic tenancy? And if a new 12 month agreement is signed then include in the agreement that the 1st 6months will be at the current rent and the following 6months will be at the new rent?

 

Or must I issue a section 13 anyway and can that be served during the current term even if its for 8 months time outside of the current agreement?

 

Many Thanks for your help

 

Scott Child

 

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