RENT

If the tenancy is for a fixed term, the agreement should say either that the rent will be fixed for the length of the term or that it will be reviewed at regular intervals and how it will be reviewed. If the agreement does not state when the rent will be increased, the landlord can only put the rent up if you agree. If you do not agree, the landlord will have to wait until the fixed term ends before there will be a rent increase.

When a fixed term tenancy ends and becomes a statutory periodic tenancy, or a contractual periodic tenancy, the landlord can put the rent with your agreement or the landlord can use a formal procedure in the Housing Act 1988 to propose a rent increase to be payable a year after the tenancy began, then at yearly intervals after the first increase further increases are permitted.

In a contractual periodic tenancy; the agreement should say how often the rent will be reviewed.The details for rent increases and varying the terms of a tenancy should be included in the tenancy agreement.

The formal procedure for proposing a rent increase for contractual or statutory periodic tenancies when it is not covered in the tenancy agreement is that rent increase must be proposed by the landlord on a special form called " Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy ". (The form can he used for assured and shorthold tenancies). at least a month's notice of the increase must be given if the rent is paid on a weekly or monthly basis ( more if the rent period is longer ).

A formal notice of a rent increase may be accepted or if you do not agree with the increase, you must apply to a rent assessment committee on a special form called "Application referring a Notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Rent Assessment Committee ", available from law stationers or rent assessment panels. ( This form must also be used if the tenancy is a shorthold tenancy ). The committee must receive the application before the date on which the new rent would be due.

The committees will be made up of 2 or 3 people - usually a lawyer, a property valuer and a lay person. They are drawn from rent assessment panels - bodies of people with appropriate expertise appointed by Government Ministers. There are 7 rent assessment panels in England and Wales. The committees are independent of both central and local government. There is no appeal against a committee's decision except on a point of law. The committee may make a decision by considering the relevant papers although you or the landlord can ask for an informal hearing, which you may both attend. There is no charge for a committee decision.

Application to a rent assessment committee may be made on an assured or a shorthold tenants, you can ask a committee to set a rent under a contractual periodic or statutory periodic tenancy who have been given notice by the landlord of a rent increase .
If you are a shorthold tenant, you can ask a committee to set a rent at the beginning of a shorthold tenancy if you consider the rent to be significantly higher than rents for comparable tenancies

When settling disputes on rent, for a contractual periodic or statutory periodic tenancy,the committee may agree the proposed rent or set a higher or lower rent, the committee decides what rent the landlord could reasonably expect for the property if it was let on the open market. It does not take into account any increase in the value of the property due to voluntary improvements by you.

The rent fixed by the committee is the legal maximum the landlord can charge. The new rent will he payable from the date specified in the landlord's notice unless the committee considers this would cause you undue hardship in which case it may specify a later date.

The landlord can propose that the rent is increased a year after the date on which the rent decided by the committee, unless you agree that it can put up earlier. You must apply to a rent assessment committee to decide the rent if you do not agree with the proposed increase.

NEW TERMS

In a fixed term or contractual periodic tenancy, the landlord can only change the terms of the tenancy if you agree. It is best to agree any changes in writing. However, if the fixed term of an assured or a shorthold tenancy has ended and the tenancy has automatically run on as a statutory periodic tenancy, it will continue on the same terms unless you, or the landlord, propose new terms. You or the landlord may propose new terms, and any consequent change to the rent, within a year of the statutory periodic tenancy starting, using a special procedure under the Housing Act 1988.

You both have the right to apply for an independent decision by a rent assessment committee if you cannot agree new terms. the landlord, or tenant must propose the new terms, and any consequent change to the rent, on a special form called " Notice proposing different terms for a Statutory Periodic Tenancy " , available from law stationers or rent assessment panels If you both agree the new terms, they can he included in the agreement. If the terms are not agreed, you or the landlord must apply to a rent assessment committee to settle the terms and any consequent change to the rent.

The landlord, or tenant must apply to the committee within 3 months of receiving the notice proposing changes, using a special form. The form is called "Application referring a notice proposing different terms for a Statutory Periodic Tenancy to a Rent Assessment Committee" obtainable from law stationers or rent assessment panel offices .

The committee decides whether the proposed new terms are reasonable for the tenancy or whether other terms are more appropriate. The committee may adjust the rent up or down to reflect the new terms, whether or not you or the landlord proposed a new rent to match the new terms.

The new- terms and the new rent, if the committee decides that the rent should he changed, will apply from the date stated by the committee, but the committee cannot apply the new rent before the date proposed in the notice. The landlord can only make further changes to the terms of the statutory periodic tenancy if you agree. A new fixed term tenancy or a contractual periodic tenancy can be proposed on new- terms at any time.