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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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our AST expires today and we have notified our tenant of an

Resolved Question:

our AST expires today and we have notified our tenant of an increase in rent which he refuses to pay. We gave him notice earlier this week. There is no provision in the contract rent increase -or to a periodic tenancy agreement but I understand this happens automatically.
Should we serve him with some kind of notice now - either formal rent increase or termination of tenancy - before the AST expires or should we wait - do our rights remain the same in and out of contract?
And what happens if he refuses to pay rent or sign a new contract, which is where we are currently - under what conditions is our relationship now governed?
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 : You can't just increase the rent.
Alex Watts : There is a set procedure, you need to send a section 10 notice setting out your proposal.
Alex Watts : it also needs to include a right of appeal to the rent tribunal
Alex Watts : Without the proper form and procedure is invalid
Alex Watts : Your rights and the tenant right remains as they are.
Alex Watts : You can serve notice to quit but you must give 2 months notice
Alex Watts : Can I clarify anything about this today please?
Customer:

are you saying that even if the contract has expired all of the clauses in the contract remain intact and there is nothing beneficial which a landlord can do prior to the expiration of a contract? I thought by the way that the rent increase form is section 13 a

Alex Watts : Correct.
Alex Watts : it is now a monthly rolling contract
Alex Watts : Yes it was a typo section 2:
Alex Watts : 13
Alex Watts : But there is a formal procedure and you must give a right of appeal
Alex Watts : Does that clarify?
Customer:

you told me section 10 in a previous email - do you really understand this? How can the tenant be the beneficiary to a contract he hasn't signed? are you saying that whether he signs a new contract or not makes no difference? and has he if he doesn't sign, no obligation to pay the rent? if so, which rent, the old rent or the new rent? Can we give him notice of the new rent and will he be obliged to pay that (or go to the rent tribunal?) even if there is no contract between us? I have read the procedure and find I murky

Alex Watts : Yes it was a typo. It makes no difference whether or not he has signed a new contract.
Alex Watts : The old one runs over monthly until it is terminated
Alex Watts : The contract is periodic and runs from month to month
Alex Watts : If he signs a new contract with new rent then yes it can be increased
Alex Watts : You can give him notice of the new rent but he must agree to it.
Alex Watts : You can't assume he does.
Alex Watts : The best way forward in my view is to terminate the tenancy then he has a choice to move out or sign a new agreement
Alex Watts : Does that help?
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