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UK diy (uk.d-i-y) For the discussion of all topics related to diy (do-it-yourself) in the UK. All levels of experience and proficency are welcome to join in to ask questions or offer solutions. |
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#1
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Increasing rent on an Assured Shorthold Tenancy Agreement
We're renting out a house on an Assured Shorthold Tenancy Agreement. The
initial period was 6 months but the tenants have stayed on on a rolling 1 month basis and we now need to increase the rent at the end of the first 12 months. There's nothing in the agreement about automatic increases so do I just send them a letter or do I need to send them a copy of Form 4b - 'Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England'? TIA -- F |
#2
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Increasing rent on an Assured Shorthold Tenancy Agreement
"F" news@nowhere wrote in message news:1rWdnU9lQfU0zOzVnZ2dneKdnZydnZ2d@plusnet... We're renting out a house on an Assured Shorthold Tenancy Agreement. The initial period was 6 months but the tenants have stayed on on a rolling 1 month basis and we now need to increase the rent at the end of the first 12 months. There's nothing in the agreement about automatic increases so do I just send them a letter or do I need to send them a copy of Form 4b - 'Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England'? TIA -- F Once a tenancy has been created it cannot be changed to another type of tenancy by or on renewal. At the end of the fixed-term, therefore, there is no legal requirement for either party to do anything - the tenancy can continue on indefinitely on a periodic basis and on exactly the same terms as the original agreement, which still fully applies. |
#3
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Increasing rent on an Assured Shorthold Tenancy Agreement
In message 1rWdnU9lQfU0zOzVnZ2dneKdnZydnZ2d@plusnet, F
writes We're renting out a house on an Assured Shorthold Tenancy Agreement. The initial period was 6 months but the tenants have stayed on on a rolling 1 month basis and we now need to increase the rent at the end of the first 12 months. There's nothing in the agreement about automatic increases so do I just send them a letter or do I need to send them a copy of Form 4b - 'Landlords Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England'? TIA Can fix it with an angle grinder ... probably not. uk.rec.tenancy ... possibly (if it existed). uk.legal.moderated ... almost certainly (and it does). Someone |
#4
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Mon, 7 Jul 2008 02:00:16 +0100, somebody
wrote: In message 1rWdnU9lQfU0zOzVnZ2dneKdnZydnZ2d@plusnet, F writes We're renting out a house on an Assured Shorthold Tenancy Agreement. The initial period was 6 months but the tenants have stayed on on a rolling 1 month basis and we now need to increase the rent at the end of the first 12 months. There's nothing in the agreement about automatic increases so do I just send them a letter or do I need to send them a copy of Form 4b - 'Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England'? TIA Can fix it with an angle grinder ... probably not. uk.rec.tenancy ... possibly (if it existed). uk.legal.moderated ... almost certainly (and it does). Someone They should be members of the landlord association which for a small fee offers expert advice on all sorts of landlord issues. -- http://www.freedeliveryuk.co.uk http://www.holidayunder100.co.uk |
#5
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 7 Jul, 00:13, F news@nowhere wrote:
We're renting out a house on an Assured Shorthold Tenancy Agreement. The initial period was 6 months but the tenants have stayed on on a rolling 1 month basis and we now need to increase the rent at the end of the first 12 months. There's nothing in the agreement about automatic increases so do I just send them a letter or do I need to send them a copy of Form 4b - 'Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England'? Definitely the wrong place, you want the forums at landlordzone.com which are very helpful. For what it's worth I did this a while ago using a form under s.13 of the Housing Act 1988 which I downloaded for nothing from somewhere or other. Judging from the name you've quoted, the form 4b which you're suggesting is the same thing, but I would guess that's the name given it by someone who's going to charge you for it. Cheers! Martin |
#6
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 07/07/2008 09:08 Martin Pentreath wrote:
Definitely the wrong place No, not the wrong place, but probably not the best: there have been quite a few landlord/tenant related discussions on here before. We could pay someone to be our agent but we're doing-it-ourselves. Hence uk.d-i-y. you want the forums at landlordzone.com which are very helpful. Thanks, I'll have a look over there. For what it's worth I did this a while ago using a form under s.13 of the Housing Act 1988 which I downloaded for nothing from somewhere or other. That's the form - I got it for free too. It just seems a little over formal when a simple letter would do. -- F |
#7
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 7 Jul, 10:16, F news@nowhere wrote:
That's the form - I got it for free too. It just seems a little over formal when a simple letter would do. Hi F, If your letter complies with the requirements of s.13 of the Act then a letter is fine. The only reason to use the form is to make sure that all the s.13 boxes are ticked. (By the way, interesting interpretation of the scope of uk.d-i-y, but on that basis we'd be discussing everything.) Chreers! Martin |
#8
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 07/07/2008 15:01 Martin Pentreath wrote:
If your letter complies with the requirements of s.13 of the Act then a letter is fine. The only reason to use the form is to make sure that all the s.13 boxes are ticked. Letter and form then, just to make sure and to try to take out some of the formality of just the form. (By the way, interesting interpretation of the scope of uk.d-i-y, It's not all angle grinders and car body filler! but on that basis we'd be discussing everything.) But we do, and some of it is really off topic! -- F |
#9
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Mon, 07 Jul 2008 00:13:44 +0100, F wrote:
We're renting out a house on an Assured Shorthold Tenancy Agreement. The initial period was 6 months but the tenants have stayed on on a rolling 1 month basis and we now need to increase the rent at the end of the first 12 months. There's nothing in the agreement about automatic increases so do I just send them a letter or do I need to send them a copy of Form 4b - 'Landlords Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England'? TIA The best way to do this is by informal negotiation to begin with. You explain that you would like a rent increase in =3 months time [1]. If they agree then you draw up a new tenancy agreement to start in 3 months time[1]. If they disagree then they get served a section 21 notice explaining that they are on notice to leave. There may even be a form to state to convey this information but you'll need 3 months [1]. HOWEVER a bird in the hand is worth .... etc. etc. Reasonable tenants who are paying regularly should not be provoked into leaving. It never costs less than two full months rent to change tenants. Not only are there direct expenses but all the indirect hassles and time consuming activities. Furthermore the new ones might just be in the small percentage of tenants that you don't want. Really the only reason to put the rent up is if the market for renting has significantly changed in 12 months in your area, why? Perhaps you did not set the correct rent initially? HTH [1] 2 months but rounded up to the exact date of the month in which the original agrement came into force. -- Ed Sirett - Property maintainer and registered gas fitter. The FAQ for uk.diy is at http://www.diyfaq.org.uk Gas fitting FAQ http://www.makewrite.demon.co.uk/GasFitting.html Sealed CH FAQ http://www.makewrite.demon.co.uk/SealedCH.html Choosing a Boiler FAQ http://www.makewrite.demon.co.uk/BoilerChoice.html |
#10
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 07/07/2008 21:52 Ed Sirett wrote:
The best way to do this is by informal negotiation to begin with. If only! English is a second language for one of the tenants (but her command of English is far superior to my command of her language!) and for her husband thinking seems to be a problem. Any conversation seems to revolve around them telling me what the other one thinks and then them blaming each other for what was said. It's really not very efficient or rewarding. You explain that you would like a rent increase in =3 months time [1]. If they agree then you draw up a new tenancy agreement to start in 3 months time[1]. I've spent quite some time on this today following Martin's response above and it seems that I don't need a new tenancy agreement and, in fact, I should avoid that route as everything is reset to a new fixed period which will then run out into the current position. I don't want to be locked into a new six month period as I might need to give them notice and sell up sooner. [snip] HOWEVER a bird in the hand is worth .... etc. etc. Oh, I understand that! Reasonable tenants who are paying regularly should not be provoked into leaving. They usually pay at the last minute or a couple or three days late. I've asked for payments by standing order but cash delivered to my front door seems to be the only way they'll do it. Which is a nuisance. Not only because I've got to be in when they call, but because it means I've got to go and pay it into the bank account and then wait over a week until it's treated as cleared. It never costs less than two full months rent to change tenants. Not only are there direct expenses but all the indirect hassles and time consuming activities. Furthermore the new ones might just be in the small percentage of tenants that you don't want. And I understand that too! Really the only reason to put the rent up is if the market for renting has significantly changed in 12 months in your area, why? Perhaps you did not set the correct rent initially? The rent is used to subsidise my father's nursing home fees. It was set correctly a year ago but, since then, his fees have risen by over £100 a week. I need to recoup some of that and, in view of the way rents have gone up in this area, a 4% rise is very reasonable. -- F |
#11
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 07/07/2008 23:40 Owain wrote:
On 07/07/2008 21:52 Ed Sirett wrote: Reasonable tenants who are paying regularly should not be provoked into leaving. I very much agree with this point. As do I. I really don't want the hassle of a change of tenant, which is why I've tried to be very patient when dealing with some of the little 'problems' they've thrown at me. Payment by standing order should be in the tenancy agreement if that is what you wanted. The letting agent we used said that we couldn't dictate the use of a standing order as not everyone had a suitable bank account. I wish I had pushed harder at the time. As far as I can see, it would take a new tenancy agreement to get this now and they probably wouldn't play. -- F |
#12
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Increasing rent on an Assured Shorthold Tenancy Agreement
F wrote:
On 07/07/2008 23:40 Owain wrote: On 07/07/2008 21:52 Ed Sirett wrote: Reasonable tenants who are paying regularly should not be provoked into leaving. I very much agree with this point. As do I. I really don't want the hassle of a change of tenant, which is why I've tried to be very patient when dealing with some of the little 'problems' they've thrown at me. Payment by standing order should be in the tenancy agreement if that is what you wanted. The letting agent we used said that we couldn't dictate the use of a standing order as not everyone had a suitable bank account. I wish I had pushed harder at the time. As far as I can see, it would take a new tenancy agreement to get this now and they probably wouldn't play. In the current climate I'd certainly stick with tenants that are paying 4% below what you expect. It's a shame care homes aren't subject to the same kind of market fluctuations |
#13
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Increasing rent on an Assured Shorthold Tenancy Agreement
"stuart noble" wrote in message
... F wrote: On 07/07/2008 23:40 Owain wrote: On 07/07/2008 21:52 Ed Sirett wrote: Reasonable tenants who are paying regularly should not be provoked into leaving. I very much agree with this point. As do I. I really don't want the hassle of a change of tenant, which is why I've tried to be very patient when dealing with some of the little 'problems' they've thrown at me. Payment by standing order should be in the tenancy agreement if that is what you wanted. The letting agent we used said that we couldn't dictate the use of a standing order as not everyone had a suitable bank account. I wish I had pushed harder at the time. As far as I can see, it would take a new tenancy agreement to get this now and they probably wouldn't play. In the current climate I'd certainly stick with tenants that are paying 4% below what you expect. It's a shame care homes aren't subject to the same kind of market fluctuations Well they are of course! If there weren't enough older people wanting/needing/being encouraged to enter such homes, the price would drop - but there are more than enough so it stays high. They are both "free" markets with *all* that entails. -- Bob Mannix (anti-spam is as easy as 1-2-3 - not) |
#14
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 08/07/2008 11:05 Bob Mannix wrote:
If there weren't enough older people wanting/needing/being encouraged to enter such homes, the price would drop - but there are more than enough so it stays high. Unfortunately, he has to be there as he has vascular dementia and needs nursing care. Because he had two jobs most of his life and was able to buy his own house and save some money, he has to pay. If he had had a full blown stroke rather than his succession of relatively minor ones, his fees would be paid, in full, by the NHS. Perhaps there's a lesson the he should have enjoyed himself more and spent it all and then let the State (ie, you and me) pay for his care. Perhaps I need to re-think what I'm doing with current assets... -- F |
#15
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Increasing rent on an Assured Shorthold Tenancy Agreement
"F" news@nowhere wrote in message et... On 08/07/2008 11:05 Bob Mannix wrote: If there weren't enough older people wanting/needing/being encouraged to enter such homes, the price would drop - but there are more than enough so it stays high. Unfortunately, he has to be there as he has vascular dementia and needs nursing care. Because he had two jobs most of his life and was able to buy his own house and save some money, he has to pay. If he had had a full blown stroke rather than his succession of relatively minor ones, his fees would be paid, in full, by the NHS. Perhaps there's a lesson the he should have enjoyed himself more and spent it all and then let the State (ie, you and me) pay for his care. Perhaps I need to re-think what I'm doing with current assets... My point was not about your or your relative's predicament, for which I am sorry and feel for you. It was a point I have made elsewhere - the "free" market is applauded (by some) when it makes house prices drop - (hooray for the fluctuations!) but it is precisely and exactly the same "free" market that is keeping the care home costs high. As I said elsewhere, there are many who applaud the "free" market as A Good Thing....until it isn't, when they complain. To avoid hypocrisy you have to say the "free" market is A Good Thing whatever happens or say it's A Bad Thing and accept that our markets shouldn't be "free". -- Bob Mannix (anti-spam is as easy as 1-2-3 - not) -- F |
#16
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 08/07/2008 11:53 Bob Mannix wrote:
My point was not about your or your relative's predicament Don't worry, I didn't take as such. I just needed to get something off my chest! -- F |
#17
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 08/07/2008 13:02 Owain wrote:
Are you insured for handling cash? My former landlord/agent refused to accept payments in cash as the risks and costs were too high. On my household insurance: lost cash? Probably not then. I'm too soft with them, but, as I said above, I don't want the hassle of finding someone else. -- F |
#18
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 7 Jul, 22:16, F news@nowhere wrote:
You explain that you would like a rent increase in =3 months time [1]. If they agree then you draw up a new tenancy agreement to start in 3 months time[1]. I've spent quite some time on this today following Martin's response above and it seems that I don't need a new tenancy agreement and, in fact, I should avoid that route as everything is reset to a new fixed period which will then run out into the current position. I don't want to be locked into a new six month period as I might need to give them notice and sell up sooner. Hi again F, I went through the same process as you and reached the same conclusion. If all you're changing is the rent and you want to stay on a periodic tenancy then a s.13 notice is the way ahead. |
#19
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 08/07/2008 16:09 Martin Pentreath wrote:
Hi again F, I went through the same process as you and reached the same conclusion. If all you're changing is the rent and you want to stay on a periodic tenancy then a s.13 notice is the way ahead. Thanks for the confirmation. They got the letter and form by Special Delivery this morning but I've not had the phone call yet... -- F |
#20
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Increasing rent on an Assured Shorthold Tenancy Agreement
F news@nowhere wrote:
[...] It was set correctly a year ago but, since then, his fees have risen by over £100 a week. I need to recoup some of that and, in view of the way rents have gone up in this area, a 4% rise is very reasonable. A rent increase after only 12 months /could/ be interperted as breach of right to "quiet enjoyment". It certainly hints at bad forward planning. An increase in rent in order to meet /your/ increased outgoings sounds decidedly dodgy. I review my rents every five years, and give my tenents 6 months notice of the review, and the review gives 6 months notice of the new rent level, effectively a 12 month warning, using a form letter drawn up by my solicitor which is business-related expenses and is deduced from taxable trading profit. -- JGH |
#21
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Tue, 8 Jul 2008 08:55:14 -0700 (PDT) Jgharston wrote :
I review my rents every five years, and give my tenents 6 months notice of the review, and the review gives 6 months notice of the new rent level, effectively a 12 month warning, using a form letter drawn up by my solicitor which is business-related expenses and is deduced from taxable trading profit. That's pretty generous and keeping a tenant in place at a lower rent is generally going to be more remunerative than having them move out and reletting at a slightly higher rent with void and other costs in the meantime. The downside is that if inflation increases significantly, at the end of five years you've probably got a big catch-up which may not be well received. -- Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk |
#22
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Tue, 08 Jul 2008 14:34:17 +0100, F wrote:
On 08/07/2008 13:02 Owain wrote: Are you insured for handling cash? My former landlord/agent refused to accept payments in cash as the risks and costs were too high. On my household insurance: lost cash? Probably not then. I'm too soft with them, but, as I said above, I don't want the hassle of finding someone else. For 4% you really need to say to yourself. Putting up the rent /might/ work. More likely they will not understand and you will then be forced to explain that they are leaving - having now lost a few months more. Frankly, possibly, changing tenants for 4% you are looking at two-four years pay back period. In all likely hood the tenancy won't last that long. I have only ever had to ask one set of tenants to leave. I did this at a time that suited me as I had a block of time for the refurbishments. Any one or two problems could have been weathered but all of them together was too much. 1) Paying rent by cash (having cancelled the standing order). 2) Paying up to three weeks late. 3) paying up to £5 short. 4) playing loud music at unsocial hours, annoying other occupants of the building. 5) Objecting that a solid functional (and well hidden) repair to a bed frame they broke was unsatisfactory. 6) Insisting that I organize the cleaning of the sofa cushions becasue they 'smelt'. Likewise the carpets. 7) Zero housework. 8) Cooking solely by means of the destructive distillation of cooking oil. 9) Requesting a rent holiday for Ramadan. Turned out that there were three on the agreement, four on the electoral register, and post came for six names, and the bailiffs had to be redirected for one. -- Ed Sirett - Property maintainer and registered gas fitter. The FAQ for uk.diy is at http://www.diyfaq.org.uk Gas fitting FAQ http://www.makewrite.demon.co.uk/GasFitting.html Sealed CH FAQ http://www.makewrite.demon.co.uk/SealedCH.html Choosing a Boiler FAQ http://www.makewrite.demon.co.uk/BoilerChoice.html |
#23
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 08/07/2008 16:55 jgharston wrote:
A rent increase after only 12 months /could/ be interperted as breach of right to "quiet enjoyment". If that was the case then we're all suffering from the right to 'quiet enjoyment'. Increases in mortgage rates and the price of petrol, food and everything else are certainly spoiling the 'quiet enjoyment' of much of what most of us do. I can see no reason why a tenant should be surprised that their rent, like all other outgoings, should increase on an annual basis. It certainly hints at bad forward planning. No, the rent was initially set at quite a conservative/reasonable level and the plan was always for a review every 12 months. The tenants were the first to view and signed up as quickly as they could. They were not recommended as suitable by the letting agent once their rental history was checked but, after speaking to them and receiving assurances from them, I wanted to help. An increase in rent in order to meet /your/ increased outgoings sounds decidedly dodgy. If a manufacturer of widgets finds his outgoings increased he's going to increase his prices similarly. Unless he wants to be an ex manufacturer. I'm 'selling' something to 'buy' something. My 'purchase' costs have gone up so I see no need to insulate my tenants from the real world by not increasing my 'selling' price. I've put on a 4% increase; RPI is up 4.3%. Rentals in general have gone up significantly more than 4% in this area. I cannot see why the rental element of the tenants' outgoings should be the only element which should not increase in line with (it's actually slightly less than) inflation. To be blunt, it's not my job to provide them with subsidised housing. I review my rents every five years, and give my tenents 6 months notice of the review, and the review gives 6 months notice of the new rent level, effectively a 12 month warning, using a form letter drawn up by my solicitor which is business-related expenses and is deduced from taxable trading profit. Which results in a large five year catch up for the tenant and a significant loss of income for the landlord over that period. Unless the rent was set at an artificially high level in the first place. -- F |
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Increasing rent on an Assured Shorthold Tenancy Agreement
On 08/07/2008 18:49 Ed Sirett wrote:
For 4% you really need to say to yourself. Putting up the rent /might/ work. More likely they will not understand and you will then be forced to explain that they are leaving - having now lost a few months more. I'm not sure there's not a misunderstanding he I *don't* want them out... -- F |
#25
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Tue, 08 Jul 2008 20:58:50 +0100, Owain wrote:
Ed Sirett wrote: 9) Requesting a rent holiday for Ramadan. That's chutzpa! ^^^^^^^ Wrong faith group there. -- Ed Sirett - Property maintainer and registered gas fitter. The FAQ for uk.diy is at http://www.diyfaq.org.uk Gas fitting FAQ http://www.makewrite.demon.co.uk/GasFitting.html Sealed CH FAQ http://www.makewrite.demon.co.uk/SealedCH.html Choosing a Boiler FAQ http://www.makewrite.demon.co.uk/BoilerChoice.html |
#26
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Increasing rent on an Assured Shorthold Tenancy Agreement
We were somewhere around Barstow, on the edge of the desert, when the
drugs began to take hold. I remember jgharston saying something like: A rent increase after only 12 months /could/ be interperted as breach of right to "quiet enjoyment". It certainly hints at bad forward planning. An increase in rent in order to meet /your/ increased outgoings sounds decidedly dodgy. Utter cock. A yearly rent increase is perfectly normal in a lot of places, to keep it in line with inflation. -- Dave GS850x2 XS650 SE6a "It's a moron working with power tools. How much more suspenseful can you get?" - House |
#27
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Jul 7, 11:40*pm, Owain wrote:
F wrote: On 07/07/2008 21:52 Ed Sirett wrote: If only! English is a second language for one of the tenants (but her command of English is far superior to my command of her language!) and for her husband thinking seems to be a problem. Any conversation seems to revolve around them telling me what the other one thinks and then them blaming each other for what was said. It's really not very efficient or rewarding. Can you get your own interpreter to go with you? I don't want to be locked into a new six month period as I might need to give them notice and sell up sooner. If they're on the periodic notice period and you give them two months notice, and they don't remove, then you have to give them further notice of your intention to seek a court order, then wait for a court hearing, then hope you've got grounds for possession as stated in the lease and notified to the tenant before they signed. The court will probably allow another 28 days in the order. If they don't comply with the order, go back to court again....... WTF? Serve a Section 21 (4)(a) - this is mandatory posession. If you serve a S28 if there are rent arrears or other reasons (Ground 17 - lying on a tenancy application form for example) it may not be mandatory and they are in fact easy to beat by bringing arrears to below two months owed. If your Section 21 the judge (in theory) has to grant posssession. [1] You never need to state a reason to the court for Section 21 notice. If the tenancy is not periodic (eg during the fixed term) the notice has to be Section 21 (1)(b). Get the dates right as it is easy to screw it up. [1] In theory. There is a case going through at the moment where the tenant became disabled and lost their job. LL served section 21 and it has been argued that the S21 is not valid as it discriminates (eg the only reason the tenant was being asked to leave was not paying the rent, which only happened because they became disabled). This could have an impact on notices to quit, even thought you do not need to give a reason for a S21 notice. |
#28
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Increasing rent on an Assured Shorthold Tenancy Agreement
Owain wrote:
Ed Sirett wrote: 9) Requesting a rent holiday for Ramadan. That's chutzpa! ^^^^^^^ Wrong faith group there. I know :-) I'm told that it's easy to comply with both halal and kosher rules at the same time. :-) -- Rod Hypothyroidism is a seriously debilitating condition with an insidious onset. Although common it frequently goes undiagnosed. www.thyromind.info www.thyroiduk.org www.altsupportthyroid.org |
#29
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Jul 9, 8:14*pm, ST wrote:
On Jul 7, 11:40*pm, Owain wrote: F wrote: On 07/07/2008 21:52 Ed Sirett wrote: If only! English is a second language for one of the tenants (but her command of English is far superior to my command of her language!) and for her husband thinking seems to be a problem. Any conversation seems to revolve around them telling me what the other one thinks and then them blaming each other for what was said. It's really not very efficient or rewarding. Can you get your own interpreter to go with you? I don't want to be locked into a new six month period as I might need to give them notice and sell up sooner. If they're on the periodic notice period and you give them two months notice, and they don't remove, then you have to give them further notice of your intention to seek a court order, then wait for a court hearing, then hope you've got grounds for possession as stated in the lease and notified to the tenant before they signed. The court will probably allow another 28 days in the order. If they don't comply with the order, go back to court again....... WTF? *Serve a Section 21 (4)(a) - this is mandatory posession. *If you serve a S28 if there are rent arrears or other reasons (Ground 17 - lying on a tenancy application form for example) it may not be mandatory and they are in fact easy to beat by bringing arrears to below two months owed. *If your Section 21 the judge (in theory) has to grant posssession. *[1] You never need to state a reason to the court for Section 21 notice. If the tenancy is not periodic (eg during the fixed term) the notice has to be Section 21 (1)(b). *Get the dates right as it is easy to screw it up. [1] *In theory. *There is a case going through at the moment where the tenant became disabled and lost their job. *LL served section 21 and it has been argued that the S21 is not valid as it discriminates (eg the only reason the tenant was being asked to leave was not paying the rent, which only happened because they became disabled). *This could have an impact on notices to quit, even thought you do not need to give a reason for a S21 notice. Feck. - that should be S8, not S28 (not sure how I hit "2" as it isn't even close on the keyboard) |
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Increasing rent on an Assured Shorthold Tenancy Agreement
On Wed, 09 Jul 2008 20:27:29 +0100, Rod wrote:
Owain wrote: Ed Sirett wrote: 9) Requesting a rent holiday for Ramadan. That's chutzpa! ^^^^^^^ Wrong faith group there. I know :-) I'm told that it's easy to comply with both halal and kosher rules at the same time. :-) Indeed so, but don't tell either lot that. -- Ed Sirett - Property maintainer and registered gas fitter. The FAQ for uk.diy is at http://www.diyfaq.org.uk Gas fitting FAQ http://www.makewrite.demon.co.uk/GasFitting.html Sealed CH FAQ http://www.makewrite.demon.co.uk/SealedCH.html Choosing a Boiler FAQ http://www.makewrite.demon.co.uk/BoilerChoice.html |
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