Assured Tenancy - Increases of Rent

Increases of Rent

Rent without specific provision under an assured, periodic tenancy cannot be increased within 52 weeks of commencement, and unless a statutory (implied) periodic tenancy, this may only be increased upon the service of a section 13 Notice in the appropriate form for England or for Wales, however as with general contract law a historic lease amendment or new lease neglecting such a notice before such an increase accepted by the tenant will be deemed to have supervened, preventing the tenant from relying on an earlier contract in not serving a s13 notice. Naturally where fixed term and not periodic, and where a rent review clause exists in the periodic tenancy, contractual arrangements also avoid the need for the section 13 notice. The section 13 notice gives the right to the tenant to challenge the rent set under section 14 before a Rent Assessment Committee where it is unreasonable that the market would charge such a rent, disregarding improvements performed by the tenant to the property where they were not obliged to carry these out.

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