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Assured or assured shorthold tenancy rent increases

This content applies to England

Whether the landlord of an assured or assured shorthold tenancy has the right to increase the rent will depend on whether the tenancy is fixed term or periodic.

Fixed-term tenancies

There is no statutory method by which a landlord of an assured or assured shorthold fixed-term tenant can increase the rent during the fixed term. The rent will be that which was agreed by the parties, subject to:

When a fixed-term tenancy is renewed and a new fixed term agreed, the rent will again be that agreed by the landlord and the tenant. If the tenancy is not renewed then the tenancy will become statutory periodic and section 13  (or section 6 in some circumstances) may be used (see below).

Periodic tenancies

There are only certain ways in which a landlord wishing to increase the rent of an assured or assured shorthold periodic tenant can do so. They are by:

Tenants of private registered providers of social housing

Rent increases for tenants of private registered providers of social housing (PRPSH) are regulated by the Social Housing Regulator; for more information see the page Regulatory standards. It is important to check the rent review clause in the tenancy agreement, as the landlord may be able to increase the rent, provided that the relevant notice has been given to the tenant.

A decision in the House of Lords provides some guidance on the process of rent review increases for assured tenancies of registered social landlords. In Riverside Housing Association Ltd v White,[1] the tenant complained that the landlord had served an ineffective rent increase as they were served after the rent variation date. On appeal, the House of Lords held that the notices were valid and that all that was required (as was set out in the agreement) was that the landlord needed to give four weeks notice.

It should be noted however, that the effect of this decision on other instances where a tenant wishes to challenge the validity of the rent increase will depend entirely on the wording of the clause in the agreement.

See the page on PRPSH rents for more information.

[1] Riverside Housing Association v White and Another [2007] UKHL 20.

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