How Regulated Tenants Can Challenge Unfair Rent Hikes

If you have a regulated tenancy (usually starting before 15 January 1989), there are specific rules regarding rent increases and changes to tenancy terms. The rent is controlled to ensure it stays fair and within legal limits, often referred to as the registered rent.

When Can Your Landlord Increase Rent?

Your landlord can only increase rent up to the registered rent, which is the legal maximum amount set by a rent officer from the Valuation Office Agency (VOA). This maximum is sometimes called a “fair rent”.

How to Check the Registered Rent

You can verify if the rent is registered and check the current amount by accessing the register of rents.

Reviewing the Registered Rent

• You or your landlord can request the VOA to review the rent to ensure it remains fair.
• The review typically happens every 2 years, but you can request it sooner if there’s a significant change to the property (e.g., major repairs or improvements).
• To request a review, fill out the fair rent review form and send it to the address provided on the form.

What Happens If Your Rent Increases?

When the rent is increased, the landlord must follow certain rules:

1. Written Notice of Rent Increase

• Your landlord must serve you a notice of increase of rent in writing.
• The notice should clearly state the new rent amount, the date it will start, and any other changes.

2. Official Notice Form

• The notice must be given using an official notice of increase form, which can be obtained from legal stationers.

3. Backdating the Rent Increase

• The rent increase can be backdated to the date specified in the notice.
• However, the backdating cannot exceed 4 weeks or precede the date when the rent was officially registered.

What to Do If the Registered Rent Increase Is Too High

If you believe the increase in the registered rent is unreasonable, you can challenge it:

How to Appeal a Registered Rent Increase:

• Write to the rent officer within 28 days of receiving the notice to appeal.
• If you miss the 28-day deadline, you can still appeal by providing a valid reason for the delay (e.g., being hospitalized).

What Happens After You Appeal?

• The case will be reviewed by a rent tribunal, which will make a final decision on the maximum rent limit for your property.

How to Cancel a Registered Rent

In certain situations, you may need to cancel the registered rent:

• For example, if the tenancy is no longer regulated or if you and the landlord agree to cancel the registration.

Steps to Cancel a Registered Rent:

1. Download and fill out the cancellation form.
2. Send it to the address specified on the form.
3. The cancellation process can take up to 6 weeks to complete.

If you have a regulated tenancy, rent increases are carefully controlled to ensure they remain fair. You and your landlord can request reviews every 2 years or sooner in special circumstances. If you believe a rent increase is excessive, you have the right to appeal and get a final decision from a rent tribunal. Always ensure you receive written notices and follow up promptly on any changes.

FAQ’s