Fair rents

Fair rents are lower than market rents.

You pay a fair rent if you have a:

• regulated or protected tenancy with a private landlord

• secure tenancy with a housing association

You or your landlord can ask for a fair rent to be registered.

Fair rent is set by a rent officer.

Regulated or protected tenancies

You probably have a regulated tenancy if:

• you rent privately

• your tenancy started before 15 January 1989

Regulated tenancies are sometimes called protected tenancies or Rent Act tenancies.

Regulated tenants have stronger rights than other private tenants.

Secure housing association tenancies

Most housing association tenants have assured or assured shorthold tenancies.

But you probably have a secure tenancy if:

• you rent from a housing association

• your tenancy started before 15 January 1989

How a fair rent is set by a rent officer

Your landlord must apply for a new fair rent if they want to increase your rent.

They can only do this every 2 years.

You can also apply to register a fair rent on the property.

You may need to do this if there is a dispute with your landlord. For example, if a new private landlord tries to argue you are not a regulated tenant and they can charge a market rent.

What the rent officer looks at

The rent officer checks:

• any improvements made by your landlord

• any furniture provided by your landlord

• the property's condition and location

• who is responsible for repairs

The rent officer must ignore:

• any improvements you made

• your personal situation, for example if you have a low income

The rent officer:

• decides the new fair rent

• puts the new fair rent on the register of fair rents

• writes to you and the landlord with their decision

If you think the registered fair rent is too high

You can challenge the rent officer’s decision.

You have 28 days to do it.

You need to write to the rent officer and explain why you think the new rent is too high.

The rent officer will then pass this to the first tier tribunal.

There will be a hearing to decide what the new rent should be. Both you and your landlord can attend.

Decide if it's worth challenging

The tribunal could decide the new rent should be higher than what the rent officer decided.

Check the fair rent register to see how much fair rents are for similar properties in your area before you challenge the rent officer's decision.

Will benefits cover the new fair rent?

Benefits might cover the new fair rent because fair rents are lower than market rents.

Benefits will usually cover your new rent if it is below your local housing allowance (LHA) rate.

Housing benefit

You can apply for housing benefit if you're pension age.

Report the rent increase to the council so they can recalculate your housing benefit if you get it already.

Universal credit

You can apply for universal credit if you're working age.

Report the rent increase to the DWP if you get universal credit already.