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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 27330
Experience:  Senior Partner at Berkson Wallace
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Question for @ Stuart J: I have served a Section 21 notice

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Question for @ Stuart J: I have served a Section 21 notice on my tenants. Questions 1) may I also serve a notice to increase the rent? 2) by what percentage may I increase it? 3) as a rough estimate, what is the cost to obtain an order of possession? 4) and the cost to obtain a warrant of possession? Thank you.
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Hello again.

The situation with rent at the moment is rather strange. You can increase it to whatever you like but the tenant doesn’t like it they can apply to the Rent Tribunal to have a “fair rent” set. If you don’t like it you can give them a section 21 notice to quit and if they don’t like it they can leave.

So they can win the battle but lose the war.

The cost for solicitors to deal with applications for possession will vary wildly so shop around.

The full list of court fees are here:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees. Details are here:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Since early 2015, there is no longer a fee applicable in the Employment Tribunal.

There is an online possession service which you will read about at the top of page 3 but I have never used it.

The issue fees are on page 6, £480/355 (I would do yours in the County Court) and the warrant fee is on page 14, GBP130.

All the costs are added onto the claim

Customer: replied 10 days ago.
Thank you. This is very helpful. Can I increase the rent (which is at lease £100 below market) while the tenants are already under a Section 21 notice?

You really need to give two months notice but there is no reason why not.

Customer: replied 10 days ago.
Thank you

My pleasure.

Meanwhile, if you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 27330
Experience: Senior Partner at Berkson Wallace
Stuart J and 2 other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
Just 2 quick questions: 1) the tenant pays rent on the 30th of each month - he last paid on 30 July. If I issue a section 13 next week, must I put the date to start paying the increased rent on October or November? May I serve a section 13 and re-serve a section 21 simultaneously because I don’t think the tenant will pay the increased amount. It is probably silly to serve a section 13 now when I want the tenant out anyway, but I want to return some of the pressure he has put me under by not leaving my property when asked to do so!

No problem. More notice documentation is defective for not doing enough notice is actually valid.

Some judges can be extremely pedantic.

It needs to cover 2 calendar months AND 2 rental period so if you serve it now 2 calendar months would be all of September and all October taking it to the end of October and 2 rental periods would be the same, all of September and all of October so I would suggest that your notice expired on 1 November.

In respect of both section notices. Serve as many as you like. If there was section 8 grounds, throw that in as well as the other 2

Customer: replied 8 days ago.
Okay, to be be safe, if he last paid rent on 30 July and if the section 13 notice expires on 1 November, the increased rent payment should be from 30 November?

I’m sorry for the delay in coming back to you. I actually answered this this morning but for some reason it didn’t post. I think I probably forgot to press the send button.

More section notices requiring 2 months are defective for being too short than are okay. Some judges can be extremely pedantic and one day out and it will get thrown out. It is rarely a good idea to give exactly 2 months because it must cover 2 full calendar months and 2 rental period.

From the middle of August 2 full calendar months would be September and October.

The rent is paid at the end of the month than two rental periods would be end of August to end of September and end of September to end of October.

So for that reason I would suggest that 2 months notice expires not before 1 November

Customer: replied 8 days ago.
this applies to both the section 21 and section 13? I guess I cannot serve a section 8 because the tenant is not in arrears yet, unless I can serve a section 8 on the presumption that they won’t pay the increase amount (which they probably won’t).

In actual fact, I just checked the section 13 notice notice period is only one month if it has become periodic but it’s two months if the rent is to increase at the end of the term.

You can’t serve a presumptive section 8

Customer: replied 7 days ago.
Sorry to be pedantic, but if the last rent was paid on 30 July and if I serve the section 13 next week, the 1 month notice should expire in time for me to expect the increased rent on 30 September?

That is correct provided the tenancy is now statutory periodic