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pat888

Putting rent up. Tenant has mental health issues

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I have been renting a flat to this tenant for about 25 years. His rent is paid to me directly by housing benefit. It's a few years since I last increased the rent. The last time I issued a new short term tenancy agreement, which will now have expired. I assume he is now on a periodic tenancy. 

If I explain he will understand that I'm putting the rent up and it won't concern him as housing benefit will cover the increase. The problem I have is his mental health has deteriorated over the years and I don't know how I can get his signature witnessed.

Do I have to issue a new tenancy agreement to increase the rent. Is there another way that does't involve getting his signature witnessed.

I have a good relationship with this tenant but he is an alcoholic with very poor short term memory. If I ask him to get it witnessed he won't remember.

How much notice do I have to give? The last time I increased the rent the housing benefit would only allow an increase in April.

Regards

Pat

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Issue a section 13, I would send a copy direct to HB with relevant HB numbers referenced .

A months notice is required,

http://www.legislation.gov.uk/ukpga/1988/50/section/13

Unless you have a chat and agree otherwise regarding dates (Section 4a).

 

To confuse I have read much more complicated information on the net recently that states rent can only be collected on the 1st day of a period of tenancy following a rent increase. The legislation in the link doesn't seem to support that satement, any thoughts Grampa?

To explain, my rents are all payable on the 20th to be cleared in my accounts ready for mortgage payments the following 1st.

In practice the slow banks and late payers are often later than the 20th but by the 26th / 27th It becomes reasonable to chase 'em up for my dosh.

All my periodic periods are a complete calander month.

 

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Generally rent increases are usually arrange by mutual agreement. Landlord tells tenant he needs to increase rent, sends tenant a letter detailing amount, date of first new payment and why. Tenant agrees and pays the increase. An s13 is designed for exactly that but it's use is not essential if landlord and tenant have a good working relationship.

I understand the op has a rather unique situation that requires a different approach but I suspect its a very small overall %age.....perhaps 0.1% that have problems. 

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39 minutes ago, Carryon Regardless said:

To confuse I have read much more complicated information on the net recently that states rent can only be collected on the 1st day of a period of tenancy following a rent increase. The legislation in the link doesn't seem to support that satement, any thoughts Grampa?

News to me.

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1 hour ago, pat888 said:

I have been renting a flat to this tenant for about 25 years. His rent is paid to me directly by housing benefit. It's a few years since I last increased the rent. The last time I issued a new short term tenancy agreement, which will now have expired. I assume he is now on a periodic tenancy. 

If I explain he will understand that I'm putting the rent up and it won't concern him as housing benefit will cover the increase. The problem I have is his mental health has deteriorated over the years and I don't know how I can get his signature witnessed.

Do I have to issue a new tenancy agreement to increase the rent. Is there another way that does't involve getting his signature witnessed.

I have a good relationship with this tenant but he is an alcoholic with very poor short term memory. If I ask him to get it witnessed he won't remember.

How much notice do I have to give? The last time I increased the rent the housing benefit would only allow an increase in April.

Make sure you check on the LHA website what the HB rates are in your area as it is not advisable to increase it more than the council pay as you will spend all your time chasing the shortfall.

https://lha-direct.voa.gov.uk/Secure/Search.aspx

 

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Thank you for your prompt replies. Section 13 it is then. It does't really matter to me what day it should start. Hopefully the HB will pay the increase and I'll accept whatever day it is. 

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I've just found a form on the web:

Housing Act 1988 section 13(2), as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003

Is this the current section 13?

 

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34 minutes ago, pat888 said:

This increase will be within the LHA rate.

Take it to the max.

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On 2/12/2016 at 7:44 PM, Grampa said:

News to me.

I thought I had read it some where.

https://www.gov.uk/guidance/assured-tenancy-forms

Form 4, last paragraph 18.

The way I interpret that is that we can only apply the rent increase, following 1 months notice, to not only be applicable from the 1st day of a rental period but can only be collected then.

My view is that once a T has paid the 1st increased payment on the day I've originally contracted for (the 20th (ish)) then they have agreed to an alternative agreement then legislation dictates. The likes of Shelter might not agree with my view though.

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I have always continued the increased rent after serving a S13 in line with the previous rent payment dates as its the obvious thing to do. I didn't know it was a requirement though. Another example of how useful this site is for learning new stuff.

if I had ever the need to change the dates of the rent due day I would either have an unofficial arrangement with the tenant to pay on a certain day or draw up a new tenancy starting on the day of the month the rent needed to be paid on. 

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Thanks for pointing this out COR.  So Form 4 replaces the Section notice.

Like Grampa I have always stuck with rent collection on tenancy start date for my own stuff but I have a few clients who use different dates.  Time for a revision!

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