Jump to content

Assured (not short) Rent Increase notice period


Recommended Posts

I am really really hoping someone can help me on here!

I rented out a property to a friend to our flat in edninbugh in 2011. To be clear from the outset, the agreement does not state the period of the tennacy, the box was left blank so I have gathered this means our tenant is in a assured tennancy agreement. We now wish to sell the flat but under this old agreement that is not grounds for eviction. We have served a notice to quit, and now have served at AT2 form to increase the rent on the property. We have given 1 months notice for the rent increase.

The person renting out the flat has now had some legal advise and we have receieved a letter stating that our rent increase is not lawful. they state this is because the AT2 form clearly states "where the assured tennancy is for 6 months or more then a period of notice of six months if required before an increase in rent can take place"

My question is is this advise correct? if there was no term specificed on the agreeement originally then what is the current period of the tennacy? is it now 6 months? 12 months or rolling month by month? Also now that we have served a notice to quit does this not change the tennacy to a "statutory assured tennacy" and again mean we now are on a rolling month agreement?

in summary we need to clarify if the AT2 still stands and the rent increase is due by the start of next month or are we wrong and we should have given 6 months notice before we could increased the rent?

any help would be much appreciated!!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...