Notice Of Rent Increase Form – Section 13

Thinking About Increasing Rent

They say the average person thinks about sex every 3 seconds. The average landlord thinks about increasing rent every 2 seconds.

There’s going to be a time when every established landlord has to increase rent. Why? Inflation, fluctuating interest rates, newly introduced legal legislations that come with a price tag (e.g. tenancy deposit scheme) or personal greed.

When can a landlord increase rent?

Check your Tenancy Agreement, because there may be a rent increase clause in there which would have been agreed and signed at the start of the tenancy. The procedure in the agreement should be followed.

If the tenancy agreement makes no provisions for the landlord to make rent increases, then the landlord has two options to increase rent:

  • Renew the tenancy agreement at the end of the fixed term but with an increased rent.
  • Landlord and tenant can mutually agree on the rent increase, which should be agreed on paper, so there is evidence. Write down the agreed rate, and both tenant and landlord should sign the document for the record. This is often referred to as a Rent Increase Agreement.

Note, the rent cannot be increased during the first fixed term stipulated in the tenancy agreement if there is no rent review clause.

If the tenant disputes the increase, then the landlord can serve a Section 13(2) Notice of the Housing Act 1988, proposing an increase in rent, at the end of the fixed term.

If the tenant is still unhappy with the increase, the landlord can serve a Section 21- Notice of Possession Order Form. This is the legal way for a landlord to gain posession of the property after the fixed term has expired; effectively the tenant is told to vacate.

What is a rent increase form (Section 13)?

The simplest way to make a rent increase is to make a Rent Increase Agreement or by renewing the tenancy agreement. However, failing this, serving a Section 13 Rent Increase Notice would be the next step.

Section 13 Notice

The Housing Act 1988 provides for a Section 13 Notice to be issued by the Landlord to the Tenant in order to increase the rent after the initial fixed period has expired, and the tenancy is in the statutory periodic tenancy.

This route is not available in those cases where the Tenancy Agreement already provides stipulated terms for rent increases.

The Section 13 Notice must provide the following details:

  • Details of the Landlord and/or his Agent
  • Details of the Tenant
  • Details of the Property
  • The amount of the increased rent and any other increased charges
  • The proposed commencement date

The landlord must serve the section 13 to the tenant, giving the Tenant at least 1 months’ notice where the rent is paid on a weekly or a monthly basis. For a yearly tenancy, a period of six months’ notice is required before the increase can be put into effect.

Think before increasing rent

Increasing rent can cause a lot of problems between tenant and landlord, so be careful before making any irrtaional decisions. Moreover, the increase MUST be fair; more explained on Increasing Rent.

Tenant’s options

The amount of increase should be considered in relation to the rental charges for other similar properties in the same area. If increases put the rent well above market rents, the tenant can refer the case to the Residential Property Tribunal.









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15 Comments- join the conversation...

Guest Avatar
LadyA 19th May, 2008 @ 06:40

Haha, I knew it. I guess we've got two key messages here. 1)LandLords: Assure there's no clause in the contract stating you can't increase rent at any random point *without valid reason ofcourse* 2) And all tenants MAKE SURE THAT CLAUSE EXISTS for personal peace of mind, or atleast have your future LL elaborate on how much they may increase your rent, which you should probably also get in writing I'd believe.

Thanks for the info amateur PIP.

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Guest Avatar
LadyA 19th May, 2008 @ 06:42

btw, love the image at the top

LOL, you should do an article on landlords or even tenants getting involved with each other, and the pros or cons of it.

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The Landlord Avatar
The Landlord 22nd May, 2008 @ 19:48

Why, have you got involved with your landlord, or are you considering it? hah

You sound like my type of girl.

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Guest Avatar
abdul h khan 21st September, 2010 @ 01:46

cuold i have a form please to submit a rent reduce

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Guest Avatar
jess 26th March, 2011 @ 21:04

im currently in a rented house, and i am coming up to finishing a 12 month tennancy! they sent me a letter out on the 22nd march to state that my rent is being increased on the 6th may (when my tenancy ends) this is not two months notice, am i correct in saying here that the landlord needs to give me 2 months notice?

5
Guest Avatar
Midlander 5th June, 2011 @ 21:13

It's interesting that no mention is EVER made of a landlord decreasing rent because of a downfall in average rents!

But believe it or not, I once had a landlord who reduced my rent by £40 per month, because for reasons I won't go into here, I'd told him I'd have to look for somewhere else to live. He never put it up again (I lived there for almost 9 years) as he didn't want to lose a really good tenant! There are good landlords out ther! :)

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Guest Avatar
Nitin 27th August, 2012 @ 07:57

hi, i am a tenant from 10 years but my landlord pressurised me to immediate relieve cabin what can i do

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Guest Avatar
Syamsul Alam 6th November, 2013 @ 15:10

This is a very important thing, that people who rent and those who rent out their properties, should thoroughly understand the laws that apply in the countries and their regions. Do not get in the future there is a misunderstanding between the parties. It is also important for both parties to present their own witnesses.

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Guest Avatar
Tracey Baker 27th January, 2014 @ 12:24

Hi. We moved into our flat a year ago on a 6 month starting lease, which we moved to a year long in July 2013 with the rent at £550 a month.
There was an affidavit stating it would go up to £575 this month.
Early December, the Agent says the landlord actually meant £595 a month but it was only verbal with no witnesses until the agent came to collect the rent and brought the letter with them saying the £595 was due this month, the same day we got to see the letter...
We have a rent book and that was the only place the new price was written down,
I was wondering if that was allowed?
Can it just be relied on the rent book about and non-witnessed verbal agreement until they arrived with for the rent and bring the increase letter with them?
Can they do that when the tenancy agreement states a lower rate?

Thanks!

Tracey

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Guest Avatar
David Palmer 24th April, 2014 @ 11:30

Another consideration is that the Government has increased the price of issuing a section 21 notice by 60% from £175 to £280.

I think this is a good thing as it may take the greed aspect out of it.

Rents may be on the increase and the grass always looks greener but if you have a reliable long term tenant stick with them.

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Guest Avatar
emma 27th June, 2014 @ 22:51

Hi there i been renting 3 yrs nw my tenancy ran out in April but have carried on paying rent my lanlord wants to renew tenancy and put rent up couple hundered a month he wants his rent backpaid from april till now i have had no warning whatsoever about rent i increase untill he visited property
last week is he allowed and has my tenancy not just rolled over 4 months ago can he make me backpay his change in rent from then with no warnings

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The Landlord Avatar
The Landlord 28th June, 2014 @ 07:58

Hi Emma,

No, he can't, he only has the right to increase the rent going forward.

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Guest Avatar
emma 28th June, 2014 @ 09:44

Hi there thanks for the help how about my tenancy agreement ? Would it not just roll over and when i sign fo i sign a back date from April or todays date ? Sorry there's a lot of questions i signed an inventory on moving into property building control had to order landlord to concrete kitchen as was a timber floor house had rats n mice everywhere all done now but standard of work is terrible builder left leaking pipes so half the floor all swollen my landlord has said he doesn't have to do a new inventory but i don't want the finger pointed at me when the same shoddy builder has yet again made a pigs ear of it,all having ongoing problems for mnths now help!😐

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Guest Avatar
David 2nd July, 2014 @ 17:51

@Emma

I would call local Council re rats, they can compel him to resolve.

Call Council building control officer to inspect work

Refer rent increase to housing tribunal

https://www.gov.uk/housing-tribunals/disputes-about-rent

Insist in inventory or carry out your own, make a video and post it to you tube as a hidden video so you can show the date later.

You do not have to renew if old tenancy expired, you are on now on a statutory periodic tenancy.

Sounds like a dump so try to find a better place, tell landlord you reject his attempt to increase rent and you are referring to tribunal.

He has to issue you with notice for possession which is called Section 21 notice, it had to end on a date when rent is due.

Did he protect your deposit?

Did he inform you within 30 days of where the deposit was protected and give you all the prescribed paperwork?

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Guest Avatar
marcell 5th October, 2014 @ 17:35

I have lived in my place for 3 years asked for a rent deduction as flat mate is moving out.But my landlady has said she is putting my rent up contract ends in 4 weeks. I can't afford the increase so agreed to move but that means I have to move within the month. how much notice should she give me??
kind regards
Marcell

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