Can my landlord increase my rent?

Yes, but it has be fair and in line with the market rate of the area.

How can my landlord increase my rent?

Your landlord can tell you by any written notice, or they may serve a form under section 13 of the Housing Act 1988, often called a Form 4.  They may issue a new tenancy agreement.

How often can my landlord increase my rent?

Generally, your landlord cannot increase your rent more than once a year, and they have to give you at least one month’s notice.

Tenancy types:

For a periodic tenancy (rolling on a week-by-week or month-by-month basis) your landlord cannot increase the rent more than once a year without your agreement.

For a fixed-term tenancy (running for a set period) the rent can normally only be increased when the fixed term ends and a new agreement is made.

How much can my rent increase by?

Take a look at your tenancy agreement where it should state the maximum you rent can increase by each year.  Your landlord must get your permission if they want to increase the rent by more than that stated in your tenancy agreement.  If the rent increase is more than that stated in your contract, it must be fair and realistic, which means it must be in line with average local rents. 

How do I accept a rent increase?

Let your landlord know if you accept the rent increase.  Any payment made towards the new rate would be seen as accepting the rent increase.

Can I disagree with rent increase?

Yes, you do not have to agree if you think the increase is excessive, but you must do so before the proposed date.  Do not agree to an amount you know you cannot commit to as there will be future problems if you miss payments.

How do I negotiate a proposed rent increase?

Negotiation can be made directly with your landlord explaining why you think the increase is excessive, and this must be done before the proposed date of the change.  Make sure you look at comparable rents in the local area, and put this in writing to your landlord with any other reasons you may have.

What do I do if we cannot come to a mutual agreement?

If you still cannot come to a mutual agreement, and you believe that the increase is excessive comparable to current local rents you can contest it by applying to the tribunal.

An application to the tribunal can only be made before the date of the proposed rent increase was meant to be implemented.

In the event the tribunal agrees with your landlord, you will be instructed to pay the excess from the proposed date. But if the tribunal agrees the increase is excessive, they will decide what a fair rent is, and your landlord will only be able to charge you that amount.

What evidence should I provide to the tribunal?

Most tribunals will base their verdict on the evidence you provide.

As a tenant you can provide the following evidence:

• Comparable rents in your area eg. Your neighbour’s rental amount
• Noted disrepair within the property.
• Personal property enhancements
• Previous rent increases

What do I do if I cannot afford it?

If the rate of increase is fair and in line the market rate of the area, but you still believe you cannot afford it, you may be able to obtain help through universal credit housing payments.

If you miss payments, your landlord may start action to end the tenancy by serving a section 8 or section 21 possession notice.