Maximum Fair Rent - Help!!

silverxx12

Hi

I'm not sure if this is the correct place to ask this - sorry if it isn't.

I just have one short question relating to MFR - I am trying to help someone with this.

They have a rent register form - where is says Registration in the middle of the form the is a heading which reads:

"Excempt From Maximum Fair Rent" to which there is a No.

What does this mean exactly ? - Does it mean their rent can only go up by the maximum fair rent at the most, or does it mean the landlord can put it up to whatever they like ? If it is the latter, surely one cannot put it up to whatever they like is there no maximum value by which they can increase it?

Many thanks for the help in this matter

Silver

45002

silverxx12 wrote: »

Hi

I'm not sure if this is the correct place to ask this - sorry if it isn't.

I just have one short question relating to MFR - I am trying to help someone with this.

They have a rent register form - where is says Registration in the middle of the form the is a heading which reads:

"Excempt From Maximum Fair Rent" to which there is a No.

What does this mean exactly ? - Does it mean their rent can only go up by the maximum fair rent at the most, or does it mean the landlord can put it up to whatever they like ? If it is the latter, surely one cannot put it up to whatever they like is there no maximum value by which they can increase it?

Many thanks for the help in this matter

Silver

1977 Rent act

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/FairRentRegistration/Determination/m-roh-maximum-fair-rent.html

silverxx12

Hi

I have had a read on the voa website - i am trying to really understand, in context of the rent register doc, what is meant specifically by:

"Excempt From Maximum Fair Rent" to which there is a No."

I can understand this two ways - and i am not sure what is actually meant . Would appreciate if someone could just clarify.

Regards

camptownraces

If it's not exempt from maximum fair rent, then Maximum Fair Rent provisions apply to this letting.

silverxx12

Hi Camptown

Please correct me if i am wrong but in essense that means thats the maximum fair rent does apply to them and their rent can only go up inline with RPI levels?

Regards

45002

silverxx12 wrote: »

Hi

I have had a read on the voa website - i am trying to really understand, in context of the rent register doc, what is meant specifically by:

"Excempt From Maximum Fair Rent" to which there is a No."

I can understand this two ways - and i am not sure what is actually meant . Would appreciate if someone could just clarify.

Regards

silverxx12 wrote: »

Hi Camptown

Please correct me if i am wrong but in essense that means thats the maximum fair rent does apply to them and their rent can only go up inline with RPI levels?

Regards

Hi silverxx12

This is governed by 1977 Rent act as amend and the 1999 Capping Order....

I have a Regulated Tenancy myself and even I still get confused with my MFR.

Best thing you can do is ring the rent service up themselves, now called the VOA

http://www.voa.gov.uk/corporate/RentOfficers/fairRent.html

and they will explain it far better to you than I could ....

silverxx12

Ok

I spoke to them not much help as usual - Can anyone tell me if a family member is continuing the rental of a property which has MFR associated with it, does that automatically carry foward to the next of kin - I thought it would ,or am i mistaken ? I have a feeling someone is trying to pull a fast one no doubt to get some more $$. - Does the tenancy just carry foward based on all past criteria or is a whole new agreement drawn up?

Would really appreciate the help

Regards

G_M

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/regulated_tenancies

Passing your tenancy to someone else

If you pass your tenancy to someone else you will no longer have a legal right to live in your home. You can only pass on your regulated tenancy to someone else in specific circumstances. These are:

• if you die (see below)
• if your tenancy agreement says you can pass on your tenancy
• if your landlord agrees to it.

If you attempt to pass your tenancy to someone else under any other circumstances the landlord may be able to end your tenancy.

Death of a regulated tenant

If a regulated tenant dies the tenancy can be passed on under specific circumstances. This is known as succession. The tenancy can be passed to:

• a spouse or partner who lived in the property at the time of the tenant's death
• another member of the tenant's family who lived in the property with the tenant for at least two years prior to the tenant's death.

If the tenancy passes to the spouse or partner and there has not been a previous succession, the tenancy remains a regulated tenancy. If it passes to another member of the tenant's family or is a second succession, it becomes an assured tenancy. The tenancy can only be passed on twice in very specific circumstances. The second successor must fulfil certain requirements.
Get advice if you are unsure about succession to a tenancy.
Use our directory to find a local advice centre.

45002

silverxx12 wrote: »

Ok

I spoke to them not much help as usual - Can anyone tell me if a family member is continuing the rental of a property which has MFR associated with it, does that automatically carry foward to the next of kin - I thought it would ,or am i mistaken ? I have a feeling someone is trying to pull a fast one no doubt to get some more $$. - Does the tenancy just carry foward based on all past criteria or is a whole new agreement drawn up?

Would really appreciate the help

Regards

Hi

Can I ask you this, I take it your the original tenant and did you move in before 15/01/1989 and the LL lives else where....

Is there already a existing rent registered here https://ebusiness.voa.gov.uk/err/SearchRegisterForm.aspx?AspxAutoDetectCookieSupport=1

Enter the full postcode and click Find, anything before 2003 will be held at VOA office.

A regulated tenancy can pass on twice RT to AT to AT under certain circumstances...

silverxx12 wrote: »

I have a feeling someone is trying to pull a fast one no doubt to get some more $$. -

What exactly is going on !

silverxx12

Hi

To answer your question the original tenant moved in before 1989 as per the rent register, and yes the LL lives elsewhere. The succeeding tenant's spouse is now looking to take over the tenancy.

A couple of issues the spouse is having are :

Firstly in comparison with other flats in the same building, albeit on different floors, bar one, they are paying the highest rent approx 30% more than the others, some of which even have larger appts, i am not sure if that is a argument but have noted it maybe you guys know more - Can the spouse argue that the rent is higher in comparison as is.

Secondly if the LL wants to up the rent, i assume they can only do that in line with MFR as the tenancy preceded 1989 as per the rent register and not more so basically the spouse is protected regarding rent increases to large amounts? - can the spouse argue a rent review based on the fact that their rental as is, is higher than similar flats in the building ?

Many thanks once again to one and all for helping

Regards

45002

silverxx12 wrote: »

Hi

To answer your question the original tenant moved in before 1989 as per the rent register, and yes the LL lives elsewhere. The succeeding tenant's spouse is now looking to take over the tenancy.

A couple of issues the spouse is having are :

Firstly in comparison with other flats in the same building, albeit on different floors, bar one, they are paying the highest rent approx 30% more than the others, some of which even have larger appts, i am not sure if that is a argument but have noted it maybe you guys know more - Can the spouse argue that the rent is higher in comparison as is.

Secondly if the LL wants to up the rent, i assume they can only do that in line with MFR as the tenancy preceded 1989 as per the rent register and not more so basically the spouse is protected regarding rent increases to large amounts? - can the spouse argue a rent review based on the fact that their rental as is, is higher than similar flats in the building ?

Many thanks once again to one and all for helping

Regards

Before anyone can answer the last 2 questions

Is the original tenant still alive and was it a joint regulated tenancy H&W or just in the name of the original tenant ?

How long as spouse been living there !