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Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25958
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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HiI've served a section 21 notice on my tenants. The section

Customer Question

I've served a section 21 notice on my tenants. The section 21 notice lapsed on 30th April.
the local authority state they want to work with landlords, yet are unable ti give any commitment to dates when tenant will be rehoused because it is outside their control - its with the local housing group.
I Have the option now of applying to the courts for possession. However Id like to increase the rent in the interim via a sectiin 13 notice.
Is this possible?
How much notice do i need to give tenants of rent increase? They are on a periodic tenancy agreement and pay weekly.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. From what you say I assume the tenancy must now be in its periodic phase (i.e. the original minimum term has expired) in order that the s21 is valid. Could you kindly confirm for the avoidance of any doubt?
Customer: replied 2 years ago.

Hi Joshua,

Tenancy has been periodic for at least the last 3 years. Deposit is protected and was protected within 30day period.

I gave the tenants the required 2 months and issued the S21 (and it was received and signed for by recorded post) a week before the end of the previous monthly tenancy period.

The tenants are now 11 days past the S21 possession date

Expert:  Joshua replied 2 years ago.
thank you. The length of notice required is equivalent to 1 rent period. So for example in the assumption the rent is payable monthly under your tenancy, you are required to give one months notice of the rent increase and the notice must coincide with a rent period. So for example if we assume the rent is payable on 15th of each month you could serve a notice now (or on or before 14th May) to take effect on 15th June.regarding the council, my general experience is that the council will not make any great efforts to source alternative housing for your tenant until such time as you have obtained a possession order. not all councils are the same and some are genuinely more helpful than others but the general attitude is one of not making much effort until such time as the tenant actually has to leave by court order. Many councils will advise tenants to ignore a s21 notice and not leave unless the landlord obtained a court order or the council will consider that they have made themselves intentionally homeless. In my view, it is bad practice to advised tenants to ignore legally valid notices but this is the reality therefore I suspect it is more likely than not that the tenants will not leave unless you obtain a court order. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.