To rent a home in UK both tenants and landlords must follow certain rules. One common concern for tenants is a Section 13 Notice, which landlords use to propose a rent increase during a periodic tenancy.
What Is a Section 13 Notice?
A Section 13 Notice is a formal document served by a landlord to raise rent on a periodic tenancy a tenancy that rolls over on a regular basis like monthly or weekly.
It is regulated under the Housing Act 1988 and the formal method in which landlords can raise rent without the tenant's consent in advance.
When Can a Landlord Serve a Section 13 Notice?
Landlords have to issue a Section 13 Notice in the following circumstances:
- The tenancy has to be periodic.
- There has to be no clause of rent review in the agreement.
- A Section 13 Notice is issued only once within 12 months.
- The landlord has to provide the right notice period:
- Weekly or monthly tenants - 1 month
- Quarterly tenants - 3 months
- Annual rent - 6 months
- These rules give fair warning to tenants that the rent is about to increase.
Imp aspects of a Section 13 Notice
For a Section 13 Notice to be enforceable, it must contain:
- Current rent amount
- New rent proposal
- When the new rent will begin
- Notice period sufficient for the purpose
- Names and contact information of landlord and tenant
- Signature of landlord
Do Tenants Have the Right to Contest a Section 13 Notice?
Yes. If a tenant feels a rent rise is unjustifiable, they can object. Ways are:
- Negotiation: Talk to your landlord; many problems can be sorted out without conflict.
- Application to the Tribunal: Go to the First tier Tribunal, which looks at whether the rent rise is reasonable. The tribunal takes into account:
- Market rent for comparable properties
- Quality and size of the property
- Any tenant-improved features
- Applications must be submitted prior to the start of the new rent.
Life saving Tips for Tenants
- Keep a copy of all notices and letters.
- Reply very quick if you plan to dispute a rent rise.
- Do comparison of the suggested rent with the local market.
Final Thoughts
A Section 13 Notice is a fair weapon for landlords but has safeguards to provide fairness to tenants. Knowing how it works and your rights can serve you well when dealing with rent increases. Knowledge is power don't be afraid to dispute a notice that appears unfair or seek professional advice.
