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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I serve a section 13 at the end of a tenancy agreement

Customer Question

Can I serve a section 13 at the end of a tenancy agreement to increase the rent because the current tenants are not leaving. I have already served a section 21 and so the AST will no longer be valid.
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
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Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are they currently in a periodic?
Alex
Customer: replied 1 year ago.
I have served a S21 some time ago. After 17th February the AST, there is a break clause for either parties to withdraw, and i have done so. The deposit was protected late, but the S21 was served after the deposit was protected. A claim for compensation for late deposit will be heard at court (mydefence is that I tried, but the system failed, and I have some evidence). The tennant will not leave after the 17th Feb 2016. I therefore wish to increase the rent as I have given notice to quit the existing AST.If I serve a S13 to increase rent, do I have to give at least 6 months notice for an increase in rent (according to the guidelines issued). But this I suspect is when an AST is ongoing. My AST is due for expiry ,my questions:
1. Will the tennant get an automatic right to compensation ?
2. Can I increase the rent ?
3. Will the section 21 be valid (given that the deposit is protected and a hearing for a claim of compensation is ongoing)
4. Is a 6 month notice still required for an increase in rent based on a S13 - in other words if a S13 is issued, is it valid ?
5. After February 17th, since I have served a notice t quit (S21) - doe sit mean I am no longer obliged for repairs or maintenance as i have given a section 21 and as far as I am concerned the tennant should not be there.
Expert:  Ash replied 1 year ago.
1. Yes Although a court will determine the Amount
2. Yes
3. Yes
4. No, if it's periodic then you just serve notice
5. Yes you are liable for repairs. The tenancy continues until the tenant leaves.
Does that clarify?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Can you clarify 4. Is that a No for a 6 month notice is required or no that the S13 will not be valid?
Customer: replied 1 year ago.
Can you clarify 4. Is that a No for a 6 month notice is required or no that the S13 will not be val
Expert:  Ash replied 1 year ago.
As its periodic tenancy there is no 6 month notice required.
Does that clarify?
Alex
Customer: replied 1 year ago.
How can I make a claim against a tennant who has damaged my property
Customer: replied 1 year ago.
what forms do I need to fill in
Expert:  Ash replied 1 year ago.
N1 or www.moneyclaim.gov.uk
Alex
Customer: replied 1 year ago.
what evidence do I need to support a claim ?
Expert:  Ash replied 1 year ago.
You are asking a new question so should post a new thread. You need evidence to support the loss and show the tenant damaged the property.
Alex
Customer: replied 1 year ago.
ok; going back to the section 13, so the old thread. If the tennant opts to go to court, can I still increase the rent until the date of the court hearing ? If he does not pay the full rent , can I serve a section 8 ?
Expert:  Ash replied 1 year ago.
Once you have served the S.13 and assuming they have not contested it, yes.
Alex
Customer: replied 1 year ago.
and if they do contest it and I know they will contest it ?
Expert:  Ash replied 1 year ago.
Yes, because they need to appeal to the Rents Tribunal service and there will be a hearing.
Alex
Customer: replied 1 year ago.
so i can still charge them increased rent regardless right upto the hearing date. and if they don't pay, there will be a section 8 ?
Expert:  Ash replied 1 year ago.
Only if the S.13 has expired and they have not appealed it.
Alex
Customer: replied 1 year ago.
ok, does this mean the process of appeal has started or a conclusion has been reached ?
If a section 8 is served while an appeal is lodged, does this make either or both the S13 and S8 invalid.
how long is a S13 valid for .
i will start a new thread coming up on clauses in contracts
Expert:  Ash replied 1 year ago.
No, you cant charge higher rent whilst there is an appeal.
You can only do it once the Tribunal rules.
Alex