Frequently asked questions about:

What should the Landlord do if the Tenant defaults on payment of the rent?

Where the Tenant is in arrears with their rent payments, they are in breach of their tenancy agreement. This means that the Landlord may end the tenancy agreement early and take possession of the property. A Section 8 Notice will need to be issued by the Landlord and it is imperative that the requirements of the Notice, as well as the correct format and notice periods, are adhered to. The Notice must state that the Landlord intends to seek possession of the property and include the grounds on which possession is sought, i.e. default in rent payments. Any errors in the Notice could result in the Notice needing to be re-issued and cause considerable delay on the part of the Landlord.

Can the Landlord increase the rent during the tenancy?

There are a number of ways in which the Landlord can increase the rent. Either the Landlord can proceed with negotiations with the Tenant in order to reach a mutual agreement on rent increase. Otherwise, if there is a clause in the tenancy agreement stipulating how the rent is to be increased, this procedure can be followed. And finally, the Landlord could opt for the more formal legal route of issuing a Section 13 Notice in order to increase the rent after the initial fixed period has expired. It is important that the requirements of the Notice be adhered to.

What is a Section 13 Notice?

A Section 13 Notice is used by a Landlord who wishes to increase the Tenant's rent after the initial fixed period has expired. This route is not available in those cases where the tenancy agreement already provides for rent increases. The Notice must provide details of the Landlord and/or his Agent, details of the Tenant, details of the Property, the amount of the increased rent and any other increased charges, and the proposed commencement date. The Notice must then be served on the Tenant, who can then either accept the rent increase or refuse it and refer the matter to the local Rent Assessment Committee.

How much notice must be provided before the Landlord can increase the rent?

The Section 13 Notice must provide the Tenant with at least 1 months' notice where the rent is paid on a weekly or a monthly basis. A longer notice period is required in cases where the rental period is more than one month.

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