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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have asked reasonable rent increase underpaying

Resolved Question:

we have asked reasonable rent increase underpaying flat in Kensington, the contract expires at the end of the month, tenant is not responding, what do we need to do legally - and to watch out for - to put the increased rent into force.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : What sort of tenancy agreement does the tenant have?
Customer:

one year fixed tenancy agreement which has already been rolled over once, so this is the third year of occupancy with no rent increase

Alex Watts :

Ok, then one it comes to the end or now, you can issue a Section 21 notice. This informs the tenant you want to end the tenancy

Alex Watts :

In law you have to give 2 months notice, so you should do this sooner rather than later.

Alex Watts :

The tenant will then have to move out. If they refuse you can apply

Alex Watts :

Can I clarify anything about this today please?

Customer:

as notice period, what if there is a lot less time than two months until the end of the contract? What rights do we have with regard to rent increase if the contract has expired or is about to expire and no rent increase has been agreed?

Alex Watts :

You cant.

Alex Watts :

The tenant has to agree.

Alex Watts :

Ordinarily you would serve a Section 10 notice to increase the rent. This sets out the tenants right to appeal. They can then appeal to the Rent Tribunal

Alex Watts :

So you cant increase rent in the meantime unless the tenant agrees

Alex Watts :

I am sorry

Customer:

what I do not understand is if the agreement is about to expire how does the 2 months notice work. Are we best off to let it expire - but then is it considered still in effect unless terminated - and do we then have to give 2 months notice rent increase?

Alex Watts :

It then becomes periodic which is a monthly rolling tenancy

Alex Watts :

Its still in effect until terminated. Yes you would have to give 2 months notice to increase and also a right of appeal

Customer:

ok, thanks

Alex Watts :

Can I clarify anything else ?

Ash and other Property Law Specialists are ready to help you

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