Question

Changing the Rent (England) | Prescribed Information (England)

Rent increase and s21

26 Oct 2017 | 5 comments

If a rent increase is issued after Oct 2015 do all the new conditions need to be met to serve a compliant s21? Tenancy began 2006 and no renewals.

Also on rent increases, what if the tennat refuses to acknwledge it?

Answer

5 Comments

  1. guildy
    guildy on 26/10/2017 at 11:46 am

    No, after a rent increase, everything in respect of the tenancy remains the same (except the rent of course).

    As long as you serve it like any other notice (ideally hand delivery and one using normal post and obtain proof of postage from the post office), the rent shall increase to the amount specified and the tenant would be in arrears if they don’t pay.

  2. eden2011
    eden2011 on 26/10/2017 at 11:53 am

    Thanks

    Your comment about serving notices, why do you propose by hand as when you do both by hand and post it makes the cert of service dates messy doesn’t it, as we have 2 different deemed served dates, plus its much more hassle practically, so i am wondering why you refer to this as all our notices are served by post one signed for and one proof postage and never have any issues

  3. guildy
    guildy on 26/10/2017 at 1:09 pm

    The way you do it is fine. You would want to be fairly local when hand delivering anyway.

    If a tenant failed to sign for a notice (via recorded delivery) and then denied receiving the other in ordinary post, there’s nothing quite like swearing on oath it was served by hand and then having a photo of the envelope going through the door. We’ve had clients have to use photos this way in the past after the tenant denying receiving the notice by post.

    However, as a general rule, regular post (with proof of postage) is deemed delivered unless the tenant can prove it wasn’t delivered.

  4. eden2011
    eden2011 on 26/10/2017 at 1:31 pm

    but, if done both ways doesnt that affect the 215 details,

  5. guildy
    guildy on 26/10/2017 at 2:56 pm

    Flip of a coin as it doesn’t matter!

    Would generally choose the posted version and enclose the proof of postage. Often Landlords leave it until last minute to serve so if tight for timing then hand deliver put down

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