Rent + service charge increase over fair rent amount

hanster

Hi,

I'm posting on behalf of my parents who have lived in the same housing association(HA) owned house for 23+ years.

A new housing association took over from the old one about a year and half ago and has kept on increasing the rent (The increase from £71.73 to £81.92.) so my parents had a Rent Assessment Committee inspect the house and determine a 'fair rent'.

On 30th Sept 2008 the Rent Assessment Committe set the fair rent to £78.00 + £1.68 (for services) per week making the maximum fair rent £79.68 per week which should be set for 2yrs.

After this decision the HA set the rent to £77.30 (£75.62 + £1.68).

In April 2009 the HA increased the service charge to £3.30 which made the new rent £78.92 (£75.62+£3.30) which was below the max fair rent set above.

On 16th Sept 2009 the HA increased the rent this time to £78.00 which including the service charge of £3.30 is £81.30, more then the max fair rent of £79.68.

My question is whether this is breaches the Fair Rent act?

I have sent them a letter querying this and they replied saying the increase to £78.00 for the basic rent is within the maximum the Rent Assessment Committee set.

Thanks for any replies, ask if you need any thing cleared up or more info.

G_M

I would be tempted to post this query over at the landlordzone forum.

The most common type of tenancy these days is the AST and that's what most people here have experience of; your parents probobly have a (protected) shorthold tenancy - a very different animal! On LLZ there are some real experts!

They'll tell you whether a Fair Rent includes the service charge or not.

theartfullodger

Have a look here
http://www.rpts.gov.uk/our_services/rd.htm

&
http://england.shelter.org.uk/get_advice/paying_for_a_home/rent_and_rent_increases/housing_association_tenancies

Cheers!

Lodger

hanster

Thanks for the replies,

I posted a thread on LLZ and will keep this thread updated if anything happens.


p.s. is a secure tenancy the same as a protected / regulated tenacy?