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HA33B
Landlord's Notice Proposing a New Rent Under an Assured Periodic Tenancy of Premises Situated in England - [LTA4B][4b] - (2 pages)

Description

This form is served on a tenant by the landlord who wishes to propose a new rent under a periodic tenancy.

Guidance on completing the form

Further Information ( + show details )

Background Information



1. HA33B (Form 4B) is produced as part of the formal procedure for proposing a rent increase for contractual or statutory periodic tenancies where the tenancy agreement does not contain a term allowing for this. These rules are set out in section 13(2) Housing Act 1988, as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003.

2. The landlord must notify the tenant using this prescribed form (HA33B). The form can be used for assured or assured shorthold tenancies.

3. The landlord must give at least a month’s notice of the proposed increase if the rent is paid on a weekly or monthly basis (more if the rent period is longer). There are three requirements on the timing of rent increases under this formal notice procedure:

(i) The first requirement, which applies in all cases, is that a minimum period of notice must be given before the proposed new rent can take effect:

(a) one month for a tenancy which is monthly or for a lesser period, for instance weekly or fortnightly

(b) six months for a yearly tenancy

(c) in all other cases, a period equal to the length of the period of the tenancy – for example, three months in the case of a quarterly tenancy.

(ii) The second requirement applies in most cases:

(a) the starting date for the proposed new rent must not be earlier than 52 weeks after the date on which the rent was last increased using this statutory notice procedure or, if the tenancy is new, the date on which it started, unless

(b) that would result in an increase date falling one week or more before the anniversary of the date in the notice, in which case the starting date must not be earlier than 53 weeks from the date on which the rent was last increased.

This allows rent increases to take effect on a fixed day each year where the period of a tenancy is less than one month. For example, the rent for a weekly tenancy could be increased on, say, the first Monday in April. Where the period of a tenancy is monthly, quarterly, six monthly or yearly, rent increases can take effect on a fixed date, for example, 1 April.

The two exceptions to the second requirement, which apply where a statutory tenancy has followed on from an earlier tenancy, are:

(a) where the tenancy was originally for a fixed term (for instance, six months) but continues on a periodic basis (for instance, monthly) after the term ends; and

(b) where the tenancy came into existence on the death of the previous tenant who had a regulated tenancy under the Rent Act 1977. If the tenant agrees with the proposed rent increase, he or she should simply pay it from the date given in the notice.

If the tenant does not agree with the proposed increase, he or she can refer this notice to their local rent assessment committee. The tenant must do this before the starting date of the proposed new rent on the form. The tenant must also notify the landlord that they are doing so, otherwise, he or she may assume that the tenant has agreed to pay the proposed new rent.

In these cases the landlord may propose a new rent at once. However, the first and third requirements must still be observed.

(iii) The third requirement, which applies in all cases, is that the proposed new rent must start at the beginning of a period of the tenancy. For instance, if the tenancy is monthly, and started on the 20th of the month, rent will be payable on that day of the month, and a new rent must begin then, not on any other day of the month. If the tenancy is weekly, and started, for instance, on a Monday, the new rent must begin on a Monday.

4. If the tenant does not accept the proposed new rent, they can refer this notice to the local rent assessment committee using form HA34. The tenant must do this before the starting date of the proposed new rent, and should notify the landlord that they are doing so, otherwise the landlord amy assume that the tenant has agreed to the proposed new rent.

Neither Oyez Professional Services, its servants, agents, employees, parent or associated companies nor the authors or publishers of the following information shall be liable to any person, persons or other legal entity for any losses, damages, costs or other claims, howsoever arising as a result of any information contained in or omitted from this site.


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