Rent assessment committees
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you rent from a private landlord or a housing association and you think a rent increase your landlord has asked for is excessive, you may be able to challenge it by applying to a rent assessment committee. Whether you can do this, and your chances of success, will depend on the type of tenancy you have.
Please see the section on rent and rent increases for more information. If you are not sure what type of tenancy you have, use our tenancy checker.
What is a rent assessment committee?
A rent assessment committee is a tribunal, made up of two to three people appointed by the Government, which can:
- decide on the 'market rent' (or going rate) for assured and assured shorthold tenants, and
- hear 'fair rent' appeals for regulated tenants.
Each rent assessment committee usually has a chair (often a lawyer), a lay member and a qualified member (normally a surveyor or a valuer). The members are drawn from a list of people, known as the rent assessment panel. The Residential Property Tribunal Service is the umbrella organisation for the rent assessment panels.
You can get more information about how rent assessment committees are set up from the Residential Property Tribunal Service or a local advice centre – use our directory to find one.
Can the rent assessment committee help me?
This depends on the type of tenancy you have.
Council tenants
If you have a council tenancy, you are unlikely to be able to challenge the amount of your rent, or any increases, by going to a rent assessment committee. Council rents are usually much lower than other rents for similar properties. The only way that they can be challenged is by judicial review. This is a complex legal procedure and you would need help from a solicitor.
Regulated tenants
If you have a regulated tenancy with a private landlord, you (or your landlord) can apply for a ‘fair rent’ to be set. The landlord can’t charge you more than the fair rent. If you are not happy with a rent increase, you can object within 28 days, and your rent will then be fixed by the rent assessment committee.
Your landlord has to give you proper written notice of the increase before charging the new amount. The notice must be in a special form and must say how much the increase is and when it starts. If you aren’t given proper notice, then you don't have to pay the increased amount and may be able to claim back overpaid rent.
Once a fair rent has been registered it can’t normally be reconsidered for a period of two years (although there are exceptions). Always get advice before agreeing to a rent increase or paying the extra money.
Assured tenants
Most housing association tenants and some private tenantshave assured tenancies. However, there are exceptions so use our tenancy checker if you are not sure of your status.
If you have an assured tenancy, in theory you can apply to rent assessment committee for the market rent to be fixed. The landlord can’t charge you more than the market rent fixed by rent assessment committee.
Bear in mind that rent assessment committees can put rent up as well as down. So it’s usually best to check with a local advice centre before you apply. They may be able to give you an idea what the rent assessment committee in your area thinks are normal market rents for your type of property.
Assured shorthold tenants, occupiers with basic protection and excluded occupiers
Use our tenancy checker if you are not certain what type of tenancy you have.
If you are an assured shorthold tenant, an occupier with basic protection or an excluded occupier, you have the right to apply to rent assessment committee for the market rent to be fixed. However, it is very important to bear in mind that your landlord doesn’t need a legal reason to evict you, and may decide to do so rather than accept reduced rent. Contact a local advice centre to discuss your options before you decide.
Can my landlord evict me if I apply to a rent assessment committee?
This is a very important question to consider before you take any action. Certain types of tenancy give you very little protection from eviction and mean that the landlord can make you leave without having to prove a legal reason. This will be the case if you are:
- an assured shorthold tenant
- an occupier with basic protection, or
- an excluded occupier.
Your landlord could simply choose to evict you using the proper eviction procedures, rather than forgo the extra rent money. This is particularly likely if you rent privately, rather than from a housing association.
But in some circumstances it may still be worth applying. Get advice before applying to the rent assessment committee. Use our directory to find an agency in your area that can help you.
How do I apply?
You can get details about the rent assessment committee covering your area from your local council, an advice centre or by contacting the Residential Property Tribunal Service. Application forms are also available from rent assessment committee offices, or from legal stationers and advice centres.
What happens at the hearing?
When the rent assessment committee has received your application (or an application from your landlord), it will send written notice to both parties. This gives you the opportunity to reply in writing and/or request an oral hearing. You will need to send written evidence before the hearing.
Hearings are meant to be as informal as possible. However, you may feel more comfortable if an adviser or solicitor is there to represent you as the rules and procedures can be quite complicated. Please see the section on advice and representation for more information.
Rent assessment committee hearings are open to the public. Both you and your landlord will have the opportunity to give evidence, call witnesses and question the other side. The Rent assessment committee should give both of you copies of any documents that have been submitted as evidence.
In some cases, the rent assessment committee may want to inspect your home. They can only do this you agree to it. The landlord is normally allowed to be present at the inspection but you can refuse permission for her/him to be there if you want to.
Once the rent assessment committee has all the necessary information, it will make its decision, usually within a few days of the hearing or inspection. Written confirmation of the decision will then be sent to both you and your landlord. The decision is binding on both sides.
What if I am unhappy with the decision?
If you are unhappy with a rent assessment committee decision, you should get advice from a specialist adviser or solicitor. There may be ways to challenge the decision but you will need help as the procedures are very complicated.
Use our directory to find an adviser in your area, or use the Community Legal Advice directory to find a solicitor.
