Rent increases for low-cost tenancies: HA 1988 s. 13A
Landlords of relevant low-cost tenancies can increase rent by serving notice giving at least one month's notice, spaced 52 or 53 weeks apart.
This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C). For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— one month after the date of the service of the notice, and in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either— in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or in any other case, the appropriate date. The appropriate date is— in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect; in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. This subsection applies where— the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 , and the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect. Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice— the tenant applies to the tribunal under section 14(A3), or the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied. Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets out how a landlord can increase rent on a relevant low-cost tenancy. To increase rent using this procedure, the landlord must serve a notice in a prescribed form proposing the new rent. The notice must give the tenant at least one month's advance notice before the new rent takes effect at the start of a tenancy period.
Rent increases under this section generally cannot occur more than once a year. Depending on timing rules following amendments in 2003, subsequent increases must be scheduled at least 52 weeks or 53 weeks after the last increase took effect. For assured agricultural occupancies, an increase cannot take effect before the first anniversary of the tenancy start date or the first anniversary of the previous rent increase.
The proposed rent takes effect automatically on the specified date unless the tenant applies to the tribunal under section 14(A3) before the start of the new period, or unless both parties agree to a different rent variation or agree not to vary the rent. This section does not restrict landlords and tenants from changing rent by mutual agreement at any time.
When it applies
- A landlord serves a formal notice on a low-cost tenant proposing a rent increase to take effect after one month.
- A housing provider proposes a rent increase 52 weeks after the previous notice-based increase took effect.
- An agricultural landlord raises rent on an assured agricultural occupancy on the first anniversary of the previous rent increase.
- A tenant and landlord sign a written agreement setting a rent figure different from the amount proposed in the landlord's notice.
What this section does not say
- Rent increases for standard assured periodic tenancies that are not relevant low-cost tenancies (governed by section 13).
- Challenging the legal validity of a rent increase notice (governed by section 13B).
- How the tribunal determines open-market rent when a tenant disputes an increase (governed by section 14).
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This page reproduces the text of HA 1988 s. 13A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.