Question

Changing the Rent (England) | Landlord Wants Tenant to Leave (England)

rent increase after s21 and issue of proceedings

14 Nov 2016 | 3 comments

hi can I seek or accept an increase of rent after having previously served a s21 and issuing eviction proceedings in August 2016 (have got order for possession a few weeks ago in late October 2016) but not yet applied for bailiff) rent was increased in September 2016 – does receiving a higher rent invalidate this or create a new tenancy?

I agreed and increased this verbally/via text as tenant said she wanted to be rehoused by council or must it have been in writing. Tenant has paid it last 2 months but now for November 2016 (3rd month due) is saying she is not obliged to pay as it wasn’t in writing? I can send her a s13 notice of rent increase but do not want to invalidate court order (hope it is still valid despite above – she probably wont contest it) as she is difficult at times and may need to send bailiff shortly anyhow even though shes paying nearly £150 a month less than market rent so i wanted to see if she would get any better but she hasnt and now created another issue. Thank you.

Answer

3 Comments

  1. guildy

    No, your rent increase does not affect the possession order, nor does it create a new tenancy.

    There is no requirement for the rent increase to be in writing where it’s been agreed by the parties. The tenant can hardly dispute the agreement exists because they’ve been paying the increase!

    You could:

    (a) write a letter confirming the original agreement by referencing the discussions had along with the dates. Reference could also be made to the fact that the increase has been agreed and the increased amount has been paid.

    or,

    (b) serve a section 13 notice which wouldn’t be able to take effect until the next rent day after one calendar month.

    The problem with (b) is it could put in question the earlier agreement that you have so (a) is probably best in the first instance.

    Please see our guidance on increasing the rent.

  2. samuk

    phew great – OK i will send a letter referring to what was agreed to cover missing Nov 16 rent. I dont mind waiting another month (do you mean if i send s13 now she wont have to pay till 8 Jan 17 as rent due on 8th each month, or if i send now should she will have pay 8th dec 16) but was thinking to increase rent a bit more (approx £75p/m) as its still way below market – would same dates above apply? Can i delay sending bailiff until i feel she sorts this out?

    • guildy

      If you sent a section 13 now, it wouldn’t be payable until January.

      You can delay bailiff and just complete the form when ready. Guild of Residential Landlords http://www.landlordsguild.com Twitter: @adrian_thompson

      Directors A.P. Thompson, R. Melvin – Company no. 4219414(tel:4219414) – VAT no. 784 0296 11

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