Pernickety tenant?

Reply to the comment left by Joey at 10/02/2022 - 21:22
Yes there is. You can get it on the gov.uk website

Reply to the comment left by at 11/02/2022 - 15:55
Hi Helen

Is there a reason you use 1 year AST rather than 6 month that you can then let run as periodic?

As I understand it without very specific issues a year AST is a guaranteed term, I use 6 month that I then allow to turn into periodic, When I have had a tenant that was so unpleasant I do not keep them much passed the 6 months,my rents are at the lower end so I have a greater choice of tenant.
Like Graham Bowcock, I normally provide te rent increase in a headed letter, never had I had to use the S13, I am fairly easy going LL and prefer the same from my tenants.
Lastly unless it has changed if the tenant pays monthly they can give one month, the LL has to give two months, is this no longer the case?

Thanks Chris

Reply to the comment left by Graham Bowcock at 11/02/2022 - 15:44
The reason is historical.
All AST agreements were liable to Stamp Duty (before SDLT).
The best advice was to sign 2 copies of the Agreement and then to exchange them.
The term or fixed period was 12 months less one day.
The Landlord's Copy (signed by the Tenant) attracted 50p Stamp Duty.
It was up to the Tenant to have his Copy (signed by the Landlord) stamped based on the rent reserved by the term.
Most Tenants did not have them stamped, which meant they could not produce it in Court (until the Stamp Duty aspect was regularised).

Hi Helen,

Thankfully, there is no statutory 'cap' on tenancies. You can therefore increase your rent annually to a price that is comparable to surrounding properties in the area. However, this has to be carried out annually with the same tenant, not 6 monthly (regardless of a new fixed-term six-month AST being entered into).

You need a s13 Form A form from the Government website, and send it via email in its entirety. This requires you to give 'one-month statutory notice' (it used to be two months, but now it is one).

I would be inclined to increase the rent to the current marketable value. ie look on Rightmove, Zoopla, etc, and find comparables and snip these if there is a dispute over the rental increase.

If there is any dispute with the rent and it is fair and reasonable compared to other surrounding rented properties, without a shadow of a doubt, I would issue a s21.

Given the Government is soon to be removing the one thing we as LL's have as redress and some element of control over our business, you DO NOT want to move forward without the aid of s21 with a persnickety tenant.

Better to rid yourself of a headache further down the road. In the past, I have no qualms issuing a s21 to demanding unreasonable tenants.

As a good point to note, if and when you need to issue a s21, always 'serve' it by hand through their letterbox and take an independent witness to vouch that it has been 'served'. That way, if the tenants suggest they haven't received it, you can always remind them that it was served with an independent witness.

Best of luck!!

Just to add further, Helen - Never let a tenant control your business. This tenant has shown zero respect towards you and abuse. In my opinion, matters will only become worse.
Write to him by email serving him with a s21, then also post it with a witness through his door giving him two full calendar months' notice. The s21 must be served on the last two months of a fixed-term AST.
'Given that your attitude and non-conciliatory response clearly indicate that effective communications between us have broken down, I fear that I shall have no alternative but to serve upon you, with immediate effect, s21(1) or (4) of the Housing Act 1988. Notice to Quit the property (attached, served, and witnessed through your letterbox)'.
'In the meantime, I shall expect you to comply in full with the terms and conditions of your Assured Shorthold Tenancy Agreement, including those relating to maintenance, upkeep, and of course, payment of the rent'.
'I will market (property address) with immediate effect, and let you have twenty-four hours written notice by email for all viewings undertaken'.
Market your property at the current rentable value and move on from this. If he tries to make viewings hard for you, remind him that if you 'suffer a loss as a result of his actions, you may be forced to take separate redress for any losses you may suffer through the County Court'.
Remind your tenant that there is no statutory obligation to provide him with a LL's reference. However, if you do, you also have a 'duty of care to be as truthful as possible where this applies.
It would be better for him therefore to leave quietly and on good terms with you rather than to try and make matters more agitated!

This tenant will ONLY cause you more problems down the line if you enter into another fixed-term AST.

Reply to the comment left by Hedley at 11/02/2022 - 16:41
Hi Hedley, I have looked but cannot find the actual link for the Wales Rent Increase form, I would be grateful if you could provide me the link. Many Thanks.

Ann thank you for your valuable advice. I was weighing up the hassle of marketing the flat, paying an Agent's fee and then of course new tenants always notice/want things that the last tenant didn't care about, so it costs money. However I could get more rent with a new tenant as even with the increase it is still a little below local rents - against continuing to deal with this tenant. I had decided on my strategy as he hadn't replied to my latest, very slightly reduced offer, for a week. I think that perhaps he was looking at flats this weekend. He accepted my offer today which is very slightly below 3%. I understand about the Section 21 but it will be a while before that comes into law. In the meantime, new tenancy agreement or not, I can still ask him to leave for any reason with two months' notice, so I will stick with him for now.
Chris - I prefer to renew the agreement than go into a periodic tenancy. My tenants have fairly stable lives and would not want a 6 month agreement to start with. I like to be more formal and with the way things are going, arrange for rent increases with each new contract, annually. I haven't put rents up for existing tenants for years so having to deal with this is new to me. Like you, I have done this informally and 2 tenants have just agreed to the 3% increase immediately and without complaint. Perhaps they were worried it would be more! A local Agent said they are putting up the rents by 3-4%. This may increase later in the year when inflation hits 5%.
Thank you everybody, for taking the time to give advice and support 😀.

https://www.gov.uk/private-renting/rent-increases

Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice.

This is taken from the Government website.