Rent Increase for Statutory Periodic Tenancy/ 4 Week Rental Payment Period

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Tom39
145 Posts
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Dear Advice Team,

I have a tenancy for which I wish to increase the rent.

1) The original six month AST commenced (Mon) 24/12/12 using the RLA's 2013 standard (non-Deposit Guard) AST, with a four week rental payment period specified.
2) The tenancy became a statutory periodic tenancy at the expiry of the original six month term and has continued uninterrupted since.
3) The last rent increase took effect from Mon 17/10/16 and (because the subject rent is paid as a direct LHA transfer, one month in arrears) I received the first increased payment on 14/11/16 (for the period 17/10 - 13/11).

I understand that I need to use the RLA's Section 13 notice and that providing
1) First Requirement: service is achieved one full calendar month prior to the proposed effective date for the rent increase,
2) Second Requirement: more than 52 weeks has elapsed since the last increase
3) Third Requirement: the proposed effective date falls on the first day of a four week rental payment period (in this case Mon)
it would be fully compliant with the first, second and third statutory requirements. listed.

I understand that service of notice before 18/09/17 specifying the rent increase from Mon 16/10/17 would contravene the second requirement since 16/10/17 is less than 52 weeks from the date of the last increase (17/10/16). Would you please confirm if my understanding is correct?

Further to the above, I assume that service of notice before 16/10/17 specifying the rent increase from Mon 13/11/17 would comply with all three requirements. Would you please confirm if my understanding is correct?

As ever, thank you for your assistance.

12/09/2017 10:50

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