Rent increase procedure with no clause in AST?

Hi Ann,

From the .Gov site >> https://www.gov.uk/private-renting/rent-increases

" 5. Rent increases

Your tenancy agreement should include how and when the rent will be reviewed.

There are special rules for increasing protected (sometimes known as ‘regulated’) tenancy rents.
When your landlord can increase rent

For a periodic tenancy (rolling on a week-by-week or month-by-month basis) your landlord can’t normally increase the rent more than once a year without your agreement.

For a fixed-term tenancy (running for a set period) your landlord can only increase the rent if you agree. If you don’t agree, the rent can only be increased when the fixed term ends.

General rules around rent increases

For any tenancy:

your landlord must get your permission if they want to increase the rent by more than previously agreed
the rent increase must be fair and realistic, ie in line with average local rents

How your landlord must propose a rent increase

If the tenancy agreement lays down a procedure for increasing rent, your landlord must stick to this. Otherwise, your landlord can:

renew your tenancy agreement at the end of the fixed term, but with an increased rent
agree a rent increase with you and produce a written record of the agreement that you both sign
use a ‘Landlord’s notice proposing a new rent’ form, which increases the rent after the fixed term has ended

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."

Thanks Neil. I had already seen that. Hence my question: is there any risk in using one or the other? i.e a simple letter, or the Gov form? As I've never raised a rent for a tenant in situ I thought fellow landlords who have might share their experiences of one method over another.
Ta!

Up until recently I had only done this twice in situ in many years. After writing to the tenant explaining and justifying the increase (sounds as if you're past this stage), I send the official form (Form 4?) as belt and braces, to formalise the agreement, and ask them to sign a copy to return to me (in an accompanying stamped addressed envelope). I also send a revised standing order form for them to give their bank.

Gunga Din

Hi Ann
If you're a member of NLA they actually have their own forms on line to use. They're quite straight forward to use

I issue a new 12 month AST every year, which is when I might increase the rent. The mechanism for calculating an increase is clearly set-out within the existing Agreement.

In practice, I find it useful to be able to refer to the mechanism when needed, even though I often increase the rent by less or not at all.

Of course, the tenant can choose not to accept the increase, and I can choose not to renew the Agreement.

Reply to the comment left by "Lyndon Whitehouse" at "27/06/2017 - 14:43":

Thanks Lyndon. Yes, I think the form on the NLA website is the best way to go. I do find the form confusing though. Point 3 asks for 'the first rent increase date after 18th April 2003' and point 4 asks for 'the starting date for the new rent will be'. Surely those dates will be the same? The guidance notes are slightly confusing!

Thanks also Ian, but I don't wish to issue a new ast

Reply to the comment left by "Annie Landlord" at "26/06/2017 - 16:28":

Annie,

Following the Section 24 changes, I have had to raise rents for in-situ tenants who were in 'periodic tenancy' - i.e. they were outside the fixed terms specified in the tenancy agreement. In this instance, I used Form 4 from the GOV website - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471846/Form_4_-_Eng.docx

I used the same date as the answers to questions 'The first rent increase date after 11th February 2003' and 'The starting date for the new rent will be'.

Hope this helps.