Memorandum of Rent Increase for Assured Shorthold Tenancy
This Memorandum of Rent Increase for Assured Shorthold Tenancy should be used where the Landlord and Tenant have agreed to increase the rent payable under a periodic assured shorthold tenancy.
When the fixed term of an assured shorthold tenancy has expired the Tenant is allowed to remain in occupation of the property and his tenancy becomes a “periodic” assured shorthold tenancy. There is a statutory procedure for rent to be increased under section 13 of the Housing Act 1988. However, it is also open to Landlords and Tenants to agree an increased rent between themselves. If they do so, this Memorandum should be used to record the new agreed rent.
An alternative is for the parties to enter into a new tenancy agreement, on the same terms as the old agreement (unless there are other terms the parties wish to vary) but with a higher rent figure. This would create a new fixed term, giving the Landlord and Tenant certainty that the tenancy will not be terminated until the fixed term has expired. For a simple new tenancy agreement which incorporates the terms of the old document see Agreement creating a New Tenancy on the Same Terms as an Expired Tenancy (with new Rent and Term) - Tenancy Renewal.
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