If you rent from a private landlord you may come across times when the landlord wants to increase the rent. If you have an Assured Periodic tenancy the landlord can only put the rent up once a year and you have a right to appeal.
The rules have recently changed and landlords must follow new guidelines if they wants to propose a new rent, you can find out more about these and other changes at: Renting is changing.
How can a landlord put up the rent?
If your landlord wants to put the rent up they must follow the correct legal process, this is often called the Section 13.
They will need to complete a specific form, this is the form 4A: Landlord’s notice proposing a new rent.
They must give you at least two months notice.
How much can the landlord increase the rent?
If the tenancy agreement states a specific rate of rent increase the landlord must follow this.
Any new rent proposed by the landlord should be reasonable, i.e., in line with property prices locally.
If you feel it is not reasonable you can challenge the rent increase.
How much notice must a landlord give?
The landlord should give you at least two months’ notice of a proposed rent increase.
Can I challenge the rent increase?
Yes, you can challenge a new rent if you think it is unreasonable.
If your landlord asks you to sign a new tenancy with a higher rent you can refuse to sign the agreement.
If your landlord gives you a ‘Landlords notice to propose a new rent’ you can appeal this via the First Tier Tribunal (FTT).
You will need to complete a ‘Application referring a notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy’. You can download a copy of this form online and it should be completed and emailed to your local FTT offices.
You should keep a copy of this form for your records.
You will need to provide copies of:
• A written tenancy agreement (where you have one)
• The notice proposing the new rent provided by your landlord.
You will not need to send any other documents, but you should keep copies of any correspondence from your landlord in case it is needed later.
You will not need to pay a fee.
In most cases you will not be asked to attend a hearing unless either party has asked to do so.
The tribunal is independent of government and will listen to both sides of the argument before making a decision. The decision of the tribunal is binding and both parties must adhere to the decision.
Can I get help top pay my rent?
There are benefits available to help with rent payments. All benefits are subject to certain criteria, you can seek help with understanding the benefits you qualify for and help applying for benefits via your Local Council or Citizens Advice Bureau.
If you are already claiming other benefits you can apply for help with Housing Costs via Universal Credit (UC).
If you already receive Housing Costs via UC or Housing Benefit and there is a shortfall between your benefit amount and the rent you can apply for a Discretionary Housing Payment (DHP) from your local Council.
These benefits are means tested and you will need to complete an application and provide details of income and your rent.
Where can I get more advice?
For more information about us and useful information about private renting please visit our website or contact us privaterentedservice@newcastle.gov.uk