Challenge validity rent increase notice - HA 1988 s. 13B
Tenants can challenge validity of a landlord's rent increase notice under assured tenancies. Tribunal decides if notice under s.13(2) or s.13A(2) is valid.
Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on the tenant under section 13(2) or 13A(2) is valid.
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
Under HA 1988 section 13B, a tenant under an assured tenancy can apply to the appropriate tribunal to challenge whether a notice to increase rent served by the landlord under section 13(2) or section 13A(2) is valid. The tribunal then decides the validity of that notice.
This provision applies only to assured tenancies, not to other types of tenancy. It is a mechanism for challenging the procedure of the notice, not the amount of the rent increase itself. The amount may be determined under other provisions like section 14.
The section does not specify what makes a notice valid or invalid. That depends on the requirements of the relevant section and any associated regulations. The tribunal's role is to determine validity, not to vary the notice or the rent.
When it applies
- A tenant receives a rent increase notice that does not follow the required form or lacks essential information.
- A landlord serves a notice under section 13(2) for a tenancy that is actually a relevant low-cost tenancy, which should be under section 13A.
- A tenant believes the notice was not served personally or by post as required, and applies to the tribunal to declare it invalid.
- A tenant challenges the validity of a notice before the proposed increase date, to prevent the new rent from being enforced.
- A tenant disputes the validity of a notice under section 13A(2) on the grounds that the tenancy is not a relevant low-cost tenancy.
What this section does not say
- This section does not govern the amount of the rent increase – that is dealt with under section 14.
- It does not cover challenges to the validity of notices of termination or possession.
- It does not deal with the condition of the property or repairs.
- It does not allow the tenant to avoid a valid rent increase simply because they disagree with the amount.
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This page reproduces the text of HA 1988 s. 13B 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.