When a landlord can increase rent
A landlord may increase rent at an agreed interval in the tenancy contract or, for assured periodic tenancies, by serving a written notice under Section 13 of the Housing Act 1988. [1] For a fixed-term tenancy, rent can usually only change if the tenancy agreement allows it or both parties agree in writing. If the tenancy specifies a review date or a formula for increases, the landlord must follow that wording exactly.
How a landlord must give notice
A valid increase must be given in writing and should state the new rent, the date it takes effect, and how long the tenant has to respond or pay the new sum. If the notice is defective it may be invalid and you can dispute it.
- The notice must state the date the new rent starts and any deadlines for response or payment.
- The notice is usually a written document (a Section 13 notice for periodic tenancies) naming the new amount and the proposed effective date.
- Keep a copy of the notice and proof of delivery such as signed receipt or recorded delivery.
What to do as a tenant
If you receive a notice, read it and compare it with your tenancy agreement. Try to resolve disagreements directly with the landlord first, and keep written records of all contacts. If you accept the increase, get the agreement in writing.
- Keep all rent receipts, the tenancy agreement and any written notices as evidence.
- Contact your landlord to ask questions or to negotiate if the increase seems excessive.
- If you disagree, tell the landlord in writing and state you may apply to the tribunal for a determination.
Disputing a rent increase
If you cannot agree with the landlord, tenants in Wales can apply to the First-tier Tribunal (Property Chamber) for a decision about the rent. The tribunal can decide the appropriate market rent or reject the increase; application details and correct forms are available from the tribunal. [2]
- Form: Application to the First-tier Tribunal (Property Chamber) — use the tribunal application guidance to start a dispute.
- Timing: apply as soon as you know you cannot agree — tribunal delays can affect housing and finances.
- Evidence: provide the tenancy agreement, the rent history, copies of notices, and any comparable market rents.
FAQ
- How much notice must a landlord give to increase rent?
- For periodic assured tenancies a landlord must give a written Section 13 notice specifying the new rent and the date it takes effect; the notice period depends on the tenancy terms and the statutory procedure.
- Can a landlord increase rent during a fixed-term tenancy?
- Only if the tenancy agreement allows increases during the fixed term or if you agree in writing; otherwise the rent remains the same until the fixed term ends.
- What can I do if I think an increase is unfair?
- You can write to the landlord rejecting the increase and apply to the First-tier Tribunal (Property Chamber) for a determination of the rent.
How-To
- Read the notice and compare it with your tenancy agreement to check if the landlord followed the contract wording.
- Tell the landlord in writing if you disagree and request evidence or a meeting to negotiate.
- Gather evidence: tenancy agreement, past rent receipts, copies of notices and comparable local rents.
- If negotiation fails, apply to the First-tier Tribunal (Property Chamber) using the tribunal application guidance.
- Attend any hearing or provide written evidence by the deadlines the tribunal sets.
