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Rules on rent increase in private renting

Rules on rent increase in private renting

You cannot expect your rental to stay the same forever.

But, you can expect to be given proper notice before any rent change takes effect. 

As with any contract, it will not surprise you to know that there are some rules to be adhered to:

  • Fixed Term Tenancy – the rent can only increase if you agree. If you do not agree, the landlord can increase the rent when the fixed term ends.
  • Periodic Tenancy – this is where rent rolls week by week or month by month. The landlord can usually only increase the rent once per year without your agreement.
  • Regulated Tenancy – there are special rules for these.

For Fixed Term and Periodic tenancies the rent increase must be fair and realistic. But what does that actually mean?

It means that rental increase should be in line with average local rents.

If your tenancy agreement sets out how increases in rent should be handled then your landlord should stick to this.

If you tenancy agreement does not state procedure on rental increases,

The general rules are:

  1. Your landlord can increase rent on renewal of tenancy agreement at the end of the fixed term
  2. A rental increase can be agreed with you and your landlord should provide a written record that you both sign
  3. Your landlord can use a ‘Landlord’s notice proposing a new rent’ form to increase rent after your fixed terms ends

Notice

If you pay rental weekly or monthly, you can expect at least one month’s notice.

If your tenancy is yearly, you should get 6 months’ notice.

“I think my rent increase is unfair and unreasonable.”

“My landlord has increased my rent during a fixed term tenancy.”

“My landlord has not given me any notice of rental increase”

Swain & Co Solicitors’ Housing team are here to help. You can get free initial advice over the phone. We can help talk you through whether proper procedures have been followed.

Drop us an email, fill out our enquiry form or call us on 02392 483322.

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