A landlord wishes to increase the rent under a statutory periodic assured tenancy by notice under section 13 of the Housing Act 1988. When should the notice take effect where rent is due on the first of each month, but in practice is paid on the 5th?

Where a tenant occupies residential premises under an assured periodic tenancy, the Housing Act 1988 (HA 1988) provides a mechanism by which the landlord can increase the rent.

HA 1988, s 13 enables the landlord to serve a written notice on their tenant which proposes a specified increase in the rent.

If the tenant wishes to oppose the rent increase, they can refer the matter to the First-tier Tribunal.

The date when a proposed rent increase is to take effect

When a landlord serves a notice to increase the rent, HA 1988, s 13(2) specifies when the new rent is to take effect:

'For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may

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Alexander Campbell

Alexander Campbell

Barrister , Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.