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Question

Changing the Rent (Wales) | During the Tenancy (Wales) | Wales

Can you withdraw a S13 notice?

14 Sep 2022 | 1 comment

Hi Guildy,

Can a S13 notice to increase the rent be issued and then later withdrawn, or superseded by a later dated tenancy agreement?

We have been waiting for a tenant to sign a new tenancy agreement which varies the terms of the tenancy. Tenant has agreed verbally but after chasing several times has still not signed the new AST.

The current tenancy agreement includes utility bills –due to the large increases recently we have agreed with tenant a reduced rent with the tenant paying the utility bills going forward.

If the tenant does not sign the new AST in the next couple of days we will need to serve a S13 as a fallback, even though this will likely end up being more costly for the tenant as we will need to factor in utility increases over the next 12 months.

Thanks!

Answer

1 Comment

  1. guildy

    Yes, that will be fine. The rent can be changed anytime by agreement (which includes a new tenancy).

    If you serve s.13, any new tenancy with a different rent will supersede s.13. However, if s.13 has been served but not taken effect when a new tenancy is done, a quick email withdrawing the notice would be advised.

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