Rent rise!

coal9011

boyse7en wrote: »

What committee?

Is this just for rents set by the council, or are you saying that private landlords can be forced into renting out their property for whatever the rent assessor deems reasonable?

No.......... anyone who is subject to a current Tenancy Agreement and is faced with an unfair or disproportionate rent increase can apply to their local Rent Assessment Committee for a legal ruling (after trying to negotiate with their LL or tenant) the decision is based on local market rents, property size and condition and any other dispute or relevant factors.

RabbitMad

I disagree with Coal. While I might be wrong these links implies that I am correct

http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/increasingcosts
http://www.therentservice.gov.uk/advice-guidance/fair-rent.asp

Coal - do you have a link that backs up your claim that rent assesment applies to AST's? I'm happy to be proved wrong.

Innys

coal9011 wrote: »

No.......... anyone who is subject to a current Tenancy Agreement and is faced with an unfair or disproportionate rent increase can apply to their local Rent Assessment Committee for a legal ruling (after trying to negotiate with their LL or tenant) the decision is based on local market rents, property size and condition and any other dispute or relevant factors.

In practice, how binding is this?

If a tenant is on a contract with a one month notice period, if they felt the assessment was incorrect, couldn't they just hand in their notice and leave the property one month later? Obviously, it's not quite as easy for a landlord to do the same...

coal9011

RabbitMad wrote: »

I disagree with Coal. While I might be wrong these links implies that I am correct

http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/increasingcosts
http://www.therentservice.gov.uk/advice-guidance/fair-rent.asp

Coal - do you have a link that backs up your claim that rent assesment applies to AST's? I'm happy to be proved wrong.

Sorry, I am only talking from experience. I don't know about Scotland, but what I have said does apply to England and Wales and is correct.

It is covered by the Housing Act 1988, Section 13(2) as amended by the Regulatory Reform Order (Assured Periodic Tenancies) 2003. It appears to me be be a "little known" and "little used" peice of legislation by tenants facing what they deem as a disproprotionate increase of rent.

(a)What happens is the tenant disagrees with an increase of rent.

(b)The landlord issues a "Landlords Notice Proposing a New Rent Under an Assured Periodic Tenancy Premises Situated in England" (section 13(2) ) form.

(c)The tenant then applies to the government's Residential Property Tribunal Service (local Rent Assessment Panel (committee) ) to assess a fair rent.

(d)Various "written representions" take place between the Tenant - Committee, Landlord - Committee, Committee and both parties.

(e)Then a property "site visit" by the Committee takes place.

(f)Then there is a hearing when all can attend, or it's just dealt with by written representations.

(g)The Committee gives a decision about the rent - which is "legally binding".

(h)The Rent Assessment Panel issue notice of their decision to both parties and back-date the increase/reduction in rent to the beginning of the process.

In my case this all took just under 3 months from start to finish. My LL wanted to increase my rent by £20 per week and the committee allowed an increase of £10 per week.

From some of the replies on this forum, it appears that few people actually know about the Residential Property Tribunal Service.

It's a good way to resolve rent disputes - but I suspect many tenants can't be bothered to use it! - they should!!!!!!

RabbitMad

So it only applies to non Assured Shorthold Tenancies (or Assured Tenancies even) which I would hazzard a guess are the minority of tenancies out there as most are now ASTs.

http://www.landlordzone.co.uk/residential_tenancies.htm

barnaby-bear

coal9011 wrote: »

Sorry, I am only talking from experience. I don't know about Scotland, but what I have said does apply to England and Wales and is correct.

It is covered by the Housing Act 1988, Section 13(2) as amended by the Regulatory Reform Order (Assured Periodic Tenancies) 2003. It appears to me be be a "little known" and "little used" peice of legislation by tenants facing what they deem as a disproprotionate increase of rent.

(a)What happens is the tenant disagrees with an increase of rent.

(b)The landlord issues a "Landlords Notice Proposing a New Rent Under an Assured Periodic Tenancy Premises Situated in England" (section 13(2) ) form.

(c)The tenant then applies to the government's Residential Property Tribunal Service (local Rent Assessment Panel (committee) ) to assess a fair rent.

(d)Various "written representions" take place between the Tenant - Committee, Landlord - Committee, Committee and both parties.

(e)Then a property "site visit" by the Committee takes place.

(f)Then there is a hearing when all can attend, or it's just dealt with by written representations.

(g)The Committee gives a decision about the rent - which is "legally binding".

(h)The Rent Assessment Panel issue notice of their decision to both parties and back-date the increase/reduction in rent to the beginning of the process.

In my case this all took just under 3 months from start to finish. My LL wanted to increase my rent by £20 per week and the committee allowed an increase of £10 per week.

From some of the replies on this forum, it appears that few people actually know about the Residential Property Tribunal Service.

It's a good way to resolve rent disputes - but I suspect many tenants can't be bothered to use it! - they should!!!!!!

It's only useful to those on Assured non-periodic tenancies and not ASTs - it's little used because so few tenants have such tenancies because they haven't been made available for A VERY LONG time...

coal9011

Your most probably right "barnaby-bear"......... as mine is a quite unusual tenancy agreement , even although it is titled: "Assured Shorthold Tenancy Agreement".

The Rent Assessment Panel looked at it concluded that "the agreement had actually created an Assured Periodic Tenancy, under which the landlord could properly serve a "Notice of Increase" under Section 13(2) of the Housing Act 1988"

I contested this notice, the Rent Assessment committee excepted my arguements and allowed a £10 per week increase in rent, not £20 as the LL wanted.

funschine

Coal, your a star, you have at least given me hope! Today Is a local holiday but I will phone the council tomorrow and find out if I qualify. At the very least they should be able to tell me if there is anything that I can do or who to contact.
Thanks a million:)
funschine

funschine

Thanks also bear:) you guys are great:)

coal9011

coal9011 wrote: »

Your most probably right "barnaby-bear"......... as mine is a quite unusual tenancy agreement , even although it is titled: "Assured Shorthold Tenancy Agreement".

The Rent Assessment Panel looked at it concluded that "the agreement had actually created an Assured Periodic Tenancy, under which the landlord could properly serve a "Notice of Increase" under Section 13(2) of the Housing Act 1988"

I contested this notice, the Rent Assessment committee excepted my arguements and allowed a £10 per week increase in rent, not £20 as the LL wanted.

Actually "I" was right! :rolleyes: ............ If you look again at the quote from the Rent Assessment Panel they concluded that my agreement WAS an "Assured Periodic Tenancy" and as such they could make a ruling about rent.

So it's not just useful for NON Periodic Tenancy Agreements, but other types of ageement as well.