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Section 13 Advice

Started by MarcBoyUK, June 03, 2024, 10:43:49 PM

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My landlords solicitor has given me a section 13 to increase my rent.
The section 13 has been served correctly but the date on the section 13 for my rent increase to start is on the 1st of the month.
My tenancy agreement I signed back in 2021 however is the 14th of the month.
I have been searching online and I'm reading that the section 13 date for the new amount to start should be the day my old tenancy ends which would be the 15th of the month.
If so does this make the section 13 given to me by my landlord's solicitor invalid and if so what are my options.
Any advice would help as I'm not sure what to do next. Thanks


You make no comment as to whether the rent increase is one you'd consider reasonable... if it is (nothing stays the same) then the best option is surely just to start paying the new rental amount... rather than do anything you can to find a loophole?

Of course, I accept the increase might be one you consider unreasonable. After all, receiving a Section 13 is rather strange, to me, as I've never once failed to negotiation rent increases directly. Maybe you are in the middle of a to-and-fro and the Section 13 is their 'last resort'. There is also mention of "old tenancy", which is a bit confusing. There is no context provided though.


Your basic understanding is correct, but the details are a bit wrong.

If your fixed term ran from 14th of a month, it would end (unless there's something very odd) on the 13th of a month. So your tenancy periods run from 14th to the 13th. So, yes, your new rent should begin on the 14th of the month.

You should check the tenancy agreement for anything that's different, because sometimes agreements are dated specifically to accommodate individual requirements, like payment for employment or landlord mortgage payments. That's not that common but it does happen.

If the date for the new rent doesn't coincide with the start date of a tenancy period, the notice is invalid. Your choices are to ignore it, tell the landlord or agent or pay the new rent. If you pay the new rent, you've agreed the new rent amount (whether or not the notice is, itself, valid).

As per @Hippogriff above, though, the landlord wants a new rent, and, at some point, you're probably going to have to pay it (or refer it to a tribunal if it's above what the market allows). Not paying the proposed rent, or pointing out the error is only going to delay the new rent, embarrass the solicitor and, likely, annoy the landlord and or agent. Obviously, that may be (partially or wholly) your intention.


It appears that there is a discrepancy between the date specified in the Section 13 notice and the date your tenancy agreement renews, which is the 14th of the month. Generally, the rent increase should align with the renewal date of your tenancy. If the notice specifies the 1st and your tenancy starts on the 14th, this could potentially invalidate the notice. You might want to consult with a housing advisor or solicitor to confirm this and understand your options. It's essential to ensure that any rent increase follows the correct legal procedure to avoid issues.


The fact is that there are currently more tenants than there are affordable rentals. Given the expected rush for landlords to issue S21 before the law changes,  are you prepared to get notice served on you to leave ?  Rather than nitpicking over dates, do you want to stay on and is the increase fair and affordable?  If so, accept it.