Raising the Rent Without Previously Agreeing Terms

Raising the Rent Without Previously Agreeing Terms
22nd February 2007

The landlord and tenant would ordinarily agree to a new rent in advance by measures provided in the tenancy agreement, writes Tony Booth.

But, without such terms or advance consensus existing, the matter can only be pursued through a formal procedure contained under Section 13 of the Housing Act 1988.

This procedure must be followed when the landlord wants to propose an increase to the existing rent of a statutory periodic tenancy, when no other provision has been made in the original assured shorthold tenancy (AST) agreement.

A statutory periodic tenancy arises automatically when the fixed term of an AST expires and the tenant stays in occupation without the landlord objecting.

In practice, it is probably easier and more common for the landlord to exercise their right to terminate the existing statutory periodic tenancy by issuing notice and starting a new AST - with the same or a different tenant - and at the higher rent the landlord wants.

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