RENT REVIEW NOTICE (FBT)
TEMPLATE LETTER
This letter should be used when you wish to serve notice on your landlord to decrease your rent and your tenancy falls under the
Agricultural Tenancies Act 1995.
Please Note:
· Fill in personal information and delete any non-applicable parts, highlighted in red.
· Send 2 copies of the notice to the landlord so they can sign and return a copy to confirm receipt. You should also send it by recorded or special delivery (or at least having obtained a certificate of posting available free of charge from the Post Office) to confirm that the notice has been sent.
· Once served this notice cannot be withdrawn accept by mutual consent with the landlord.
· If you have multiple tenancies from the same landlord, you need to serve a separate notice for each tenancy, but they can all be sent together with one covering letter.
· Notice must be received by the landlord before the anniversary of the tenancy and at least 12 months and not more than 24 months before the rent review date which coincides with that anniversary.
· The anniversary of the tenancy means the next date that your tenancy could be terminated, it is also known as the ‘term date’ or the ‘rent review date’. The front page of your tenancy agreement is likely to state the date which coincides with that anniversary term date of your tenancy. Usual dates would be Michaelmas (29th September) and Ladyday (25th March). (2nd February, 6th April, 12th May and 10th October are also common dates.)
· The notice should be sent to the usual address of the landlord. This might be to the landlord’s agent. If you do not know the exact name or address of your landlord, ask your landlord's agent.
· Minor errors on the rent review notice have the potential to make the notice invalid, so take advice from the TFA or a professional if you are unsure.
· If you decide not to pursue a rent decrease with this notice, your landlord could pursue a rent increase with it. Therefore you should seek professional advice on your existing rent level and the scope for a decrease before serving the notice.
· After serving the notice, you will need to actively pursue your landlord for the rent decrease. Negotiations normally commence around four to six months before the review date.
· When the rent is agreed then a memorandum will be produced showing the new rent level. It could be prepared by the landlord or the tenant.
· If a rent change is not agreed by the rent review date and an arbitrator has not been appointed or applied for, then the notice will cease to have any effect.
· To keep the notice alive and to continue negotiations past the rent review date, an application has to be made for an arbitrator to be appointed.
· If you do not know the exact name or address of your landlord, ask your landlord's agent.
· TFA Guidance notes are available with further information about rent reviews.
0405/2010/Template letter for rent review notice (FBT)
[Your address]
[Sent by recorded or special delivery or with a certificate of posting] or [Delivered by hand]
[Name of Landlord]
[Landlord’s Address]
Or
[Name of Landlord]
[Care of:]
[Name of Landlord’s agent]
[Landlord’s agent’s Address]
[Date]
Dear [Landlord’s name or Landlord’s Agent’s name]
[Name of Holding – as per tenancy agreement]
[Section 10 Agricultural Tenancies Act]
Rent review – [Review date]
Please find enclosed a Notice under [Section 10 of the Agricultural Tenancies Act 1995] to review the rent of the above Holding with effect from the Review date.
I would be grateful if you would please sign and date the enclosed copy notice and return this to me.
I will be in contact later in the year with my proposals for the new rent. If in the meantime you would like to come and inspect the holding, please do not hesitate to contact me to arrange a suitable time.
Yours sincerely
[Your name]
[On behalf of (insert company/partnership name) if applicable]
Enc – Copy Notice and Original Notice
AGRICULTURAL TENANCIES ACT 1995
SECTION 10
Re: the holding known as ……………………………......
[name of farm]
To: …………………………………………………......
[name of Landlord]
Address: …………………………………………………………………………..
…………………………………………………………………………..
…………………………………………………………………………..
[address of Landlord]
Please TAKE NOTICE that I/we ……………………………………………… [name of tenant(s)], tenant(s) of …………………………………………………… [name of holding] hereby demand a reference to arbitration under section 10 of the Agricultural Tenancies Act 1995 of the question of what rent shall be payable in respect of the said Holding of which you are landlord as from ……………………..….[date of review].
This Notice is given without prejudice to any other notice or act in connection with the tenancy which has been, or may hereafter be, given or done by me or on behalf of myself or any other interested party.
DATED ………………………………….... [date in writing]
……………………………………………... [signature of tenant(s)]
……………………………………………… [name of tenant(s)]
……………………………………………… [landlord’s signature confirming receipt]