Q&As

If a landlord increases rent on a residential statutory periodic tenancy (without serving the notice to increase rent (Form 4)) on the tenants, and the tenants pay the increased rent, can the tenant's payment of the new rent be considered as acceptance of the new rent?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 08/02/2019

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a landlord increases rent on a residential statutory periodic tenancy (without serving the notice to increase rent (Form 4)) on the tenants, and the tenants pay the increased rent, can the tenant's payment of the new rent be considered as acceptance of the new rent?

Section 13 of the Housing Act 1988 (HA 1988) allows a landlord of a residential statutory periodic tenancy to increase the rent payable. Any rent increase cannot take place within the first 52 weeks of a periodic tenancy and, though notice can be served during the fixed term of an assured shorthold tenancy, the rent increase cannot take effect until the tenancy has become periodic. The statutory provisions do not overrule any contractual rent increase term contained within the lease, which will take precedence.

The formalities for a rent increase under HA 1988, s 13 are that the landlord must serve notice of the rent increase in the prescribed form (Form 4). The prescribed form includes information on the right of the tenant to refer the proposed rent increase to the First-tier Tr

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