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Question Title: Rent Increase
| Question: 23 |
| We currently have a tenant who is on a fixed term contract, she is about to agree to periodic tenancy with a rent increase. Do I need to issue a s13 notice of rent increase ?
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| Answer: |
| There is nothing in section 13 of the Housing Act 1988, that prevents a landlord and tenant from agreeing a variation of the terms of the tenancy, including increased rent (s13(5)). Therefore, if both landlord and tenant agree, there is no need to issue any notice. If the landlord and tenant cannot agree, the landlord can, in the case of a statutory periodic tenancy, serve a s13 notice immediately on the expiry of the fixed term, effective one month after the service of the notice. However, if a contractual periodic tenancy has been entered into at the lower rent, then a rent increase can not be proposed on the prescribed form until one year after the start of the contractual tenancy and must also provide the tenant with one months notice. In both cases the s13 notice may be given at yearly intervals thereafter. Alternatively, if a fixed term tenancy agreement contains a rent review clause, then no s13 notice is required.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 2002 page 16 |
letting-update-journal.html
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Letting Handbook |
Chapter 10 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 13 |
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factsheet-13
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For more information, discuss on the Forum
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