Is your landlord putting your rent up? What you can do to challenge an increase

If your landlord puts your rent up, you don't have to accept an unfair rise. You have rights, and there are steps you can take to challenge an increase, negotiate a better deal or get help with your housing costs.

New research from the London Renters Union (LRU) shows just how important it is to understand your rights.

Between May and October, 80% of tenants who went through the rent tribunal process saw their rent increase. On average, their rent went up by £1,200 a year, although in most cases, this was less than their landlord had originally proposed.

The research found:

• In 36% of cases, the landlord's proposed increase was approved in full.
• In 42% of cases, the tribunal reduced the proposed increase.
• In 16% of cases, the rent increase was cancelled altogether.
• In 6% of cases, the tenant's rent was actually reduced.

With tenants challenging rent increases in record numbers since the renters' rights act came into effect in May, knowing where you stand has never been more important.

What does the renters' rights act mean?

The government's flagship renters' rights act is designed to give renters greater security and protection.

The new rules include:

• No more Section 21 evictions: your landlord can no longer evict you without giving a legally valid reason.
• Protection from discrimination: landlords cannot refuse to rent to you simply because you receive benefits or have children.
• No more fixed-term tenancies: your tenancy becomes periodic, giving you greater flexibility.
• Limits on rent increases: your landlord can generally increase your rent only once a year, and you can challenge an increase you believe is unfair.
• An end to rental bidding wars: landlords and letting agents cannot encourage prospective renters to bid above the advertised rent.
• Limits on upfront rent: your landlord cannot demand more than one month's rent upfront.
• The right to request a pet: you can ask your landlord to let you keep a pet, and they must reasonably consider your request.

The government believes these changes will transform the renting experience for around 11 million tenants.

But what do these protections mean if your landlord suddenly tells you that your rent is going up?

Can your landlord increase your rent whenever they want?

No. Your landlord can’t simply put up your rent whenever they like or demand an increase without following the proper rules.

Your rent can increase if you agree to it, for example, by signing a new tenancy agreement or accepting a proposed increase.

But, if you don't agree, your landlord must follow the legal process for increasing your rent.

Under the new rules, your landlord must generally:

• give you at least two months' notice of a rent increase
• increase your rent no more than once a year
• use a formal Section 13 notice (form 4A)
• propose a rent that reflects the open market rate, in other words, what your property could reasonably be rented out for if advertised to new tenants

Rent review clauses in tenancy agreements are no longer valid for standard periodic tenancies.

So, if your landlord has told you that your rent is going up, don't panic. There are several things you can do.

Check whether your landlord has followed the rules

Before agreeing to a rent increase, check that your landlord has followed the correct legal process.

Look at the notice you've received and check it’s the correct Section 13 notice, which includes all the required information and you’ve been given enough notice.

If your landlord has used the wrong form, left out important details or failed to give you the required notice, the increase may be invalid.

You should also consider whether the proposed rent reflects what similar properties in your area are being rented out for.

If the increase seems excessive, you may be able to challenge it.

Try negotiating a lower rent increase

You don't have to accept the first figure your landlord proposes.

You're entitled to negotiate, so speak to your landlord or letting agent and explain why you think the increase is too high.

You could suggest:

• a smaller rent increase
• introducing the increase gradually rather than all at once
• keeping your current rent if you have a good track record as a tenant

If you've always paid your rent on time and looked after the property, remind your landlord that keeping a reliable tenant can be better than the cost and hassle of finding someone new.

It may be worth negotiating before taking the matter further.

Challenge your rent increase at a tribunal

If you believe your new rent is unfair and you can’t reach an agreement with your landlord, you can ask a tribunal to decide whether the proposed increase is reasonable.

You can challenge a rent increase even if your landlord has issued a valid Section 13 notice.

The tribunal will consider the open market rental value of your property and decide what rent you should pay.

You should make your application before the proposed increase takes effect. Check the relevant deadlines carefully, as missing them could affect your ability to challenge the increase.

There is an application fee of £47, which you pay when you submit your application. If you are on a low income, you may be able to get help with tribunal fees through GOV.UK.

Don't assume your landlord can evict you for challenging a rent increase

It's understandable to feel worried that your landlord might try to evict you if you challenge their proposed rent increase. But they’re not within their rights to evict you because you've questioned an increase or asked a tribunal to review it.

Under the renters' rights act, Section 21 no-fault evictions have ended. Your landlord must have a valid legal reason to evict you and follow the correct procedure.

They must serve you with a Section 8 notice explaining the grounds for possession. There are specific reasons they can use, such as certain cases involving rent arrears or wanting to sell the property.

If you receive a Section 8 notice, don't ignore it. Check whether the grounds are valid and seek housing advice if you're unsure about your rights.

Check whether you can get help with your rent

If your rent is going up and you're worried about how you'll afford it, check whether you're entitled to financial support.

If you receive universal credit or housing benefit, contact your local council to discuss your options and whether you could get additional help.

Make sure you're claiming all the benefits you're entitled to

If money’s tight, it's worth checking whether you're missing out on financial support.

You might be entitled to benefits or other assistance that could make a real difference to your monthly budget.

Use our free benefits calculator to check what financial support you could claim. It's quick and easy to use, and you could discover extra money to help cover your rent and other essential bills.

You can also read our blog on ways to save money as a renter for more tips to make your money go further.