FAQS ABOUT SECTION 13 NOTICES ANSWERED

FAQs About Section 13 Notices Answered

FAQs About Section 13 Notices Answered

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If you're a landlord looking to regain possession of your property, understanding the Section 13 notice is crucial. This legal document is used when a landlord wants to increase the rent for an assured shorthold tenancy (AST) in England and Wales. However, the rules surrounding it can be complex, which is why many landlords turn to tenant eviction specialists for guidance.


In this article, we’ll answer the most frequently asked questions about Section 13 notices, ensuring you comply with the law while protecting your rights as a landlord.



1. What Is a Section 13 Notice?


A Section 13 notice is a formal request from a landlord to increase the rent for an assured shorthold tenancy (AST). Unlike rent increases agreed upon informally, a Section 13 notice follows a strict legal process under the Housing Act 1988.


This notice is typically used when:





  • The tenancy is periodic (rolling month-to-month).




  • There is no rent review clause in the tenancy agreement.




  • The tenant refuses to agree to a rent increase voluntarily.




Tenant eviction specialists often assist landlords in drafting and serving this notice correctly to avoid disputes.



2. When Can a Landlord Serve a Section 13 Notice?


Landlords must follow specific rules when issuing a Section 13 notice:





  • For periodic tenancies: The rent can only be increased once every 12 months.




  • Timing: The notice must be given at least one month before the proposed increase takes effect (for weekly or monthly tenancies).




  • Fair rent: The proposed rent must be in line with market rates. An excessive increase could be challenged by the tenant.




If the tenant disagrees, they can refer the case to a First-tier Tribunal (Property Chamber), which will determine a fair rent.



3. How Is a Section 13 Notice Served?


To be legally valid, a Section 13 notice must:





  • Be in writing (using Form 4 from the government website).




  • State the new rent amount and the date it will take effect.




  • Be served correctly—either by hand, post, or email (if the tenancy agreement allows).




Tenant eviction specialists recommend keeping proof of service, such as a signed acknowledgment or a certificate of posting.



4. Can a Tenant Refuse a Section 13 Notice?


Yes, tenants have the right to challenge a Section 13 notice if they believe:





  • The increase is unreasonable compared to similar local properties.




  • The notice was served incorrectly.




  • The landlord is trying to force them out with an unfair hike.




If the tenant disputes the increase, they can apply to the tribunal within one month of receiving the notice. The tribunal will assess whether the proposed rent is fair.



5. What Happens If a Tenant Doesn’t Pay the Increased Rent?


If a tenant refuses to pay the new rent after a valid Section 13 notice, the landlord may take further action, including:





  • Negotiating with the tenant to reach an agreement.




  • Issuing a Section 8 notice (if the tenant is in rent arrears).




  • Seeking possession via Section 21 (if the fixed term has ended).




Tenant eviction specialists can guide landlords on the best course of action while ensuring compliance with eviction laws.



6. Can a Section 13 Notice Be Used During a Fixed-Term Tenancy?


No. A Section 13 notice only applies to periodic tenancies (after the fixed term ends). During a fixed-term tenancy, landlords can only increase rent if:





  • The tenancy agreement includes a rent review clause.




  • The tenant agrees to a voluntary increase.




If neither applies, the landlord must wait until the fixed term expires before issuing a Section 13 notice.



7. How Much Can a Landlord Increase Rent with a Section 13 Notice?


There is no set limit, but the increase must be reasonable and in line with local market rates. Factors considered include:





  • Rental prices for similar properties in the area.




  • The condition of the property.




  • Any improvements made by the landlord.




If the tenant challenges the increase, the tribunal will assess fairness based on these factors.



8. What Are the Alternatives to a Section 13 Notice?


Landlords can increase rent without a Section 13 notice if:





  • The tenant agrees voluntarily (best documented in writing).




  • The tenancy agreement includes a rent review clause (allowing increases at set intervals).




However, if the tenant refuses, a Section 13 notice is the next legal step.



9. How Can Tenant Eviction Specialists Help?


Navigating rent increases and evictions can be legally complex. Tenant eviction specialists assist landlords by:





  • Drafting and serving Section 13 notices correctly.




  • Advising on fair rent increases.




  • Handling tribunal cases if the tenant disputes the increase.




  • Managing eviction proceedings if the tenant refuses to pay.




Their expertise ensures landlords avoid costly mistakes and legal challenges.



10. What Are the Risks of Getting a Section 13 Notice Wrong?


Mistakes in serving a Section 13 notice can lead to:





  • The notice being deemed invalid.




  • Delays in rent increases.




  • Legal disputes with tenants.




To prevent issues, landlords should either follow government guidelines carefully or consult tenant eviction specialists.



Conclusion


A Section 13 notice is a powerful tool for landlords seeking to increase rent legally. However, strict rules govern its use, and errors can lead to disputes. By understanding the process—or working with tenant eviction specialists—landlords can ensure compliance, avoid tenant conflicts, and protect their rental income.


If you’re considering a rent increase, always ensure your Section 13 notice is correctly drafted and served. For expert assistance, consulting a tenant eviction specialist can save time, money, and stress.

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