Interim council tax rent tribunal HA 1988 s. 14B
How the tribunal adjusts an assured tenant's rent for council tax under s. 14A notices, including effective dates and hardship delays under HA 1988 s. 14B.
Where, under subsection (5)(a) of section 14A above, a tenant refers to the appropriate tribunal a notice under subsection (1) of that section, the appropriate tribunal shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax. Where a notice under section 14A(1) above has been referred to the appropriate tribunal , then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the appropriate tribunal with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the appropriate tribunal may direct. In any case where— the appropriate tribunal have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and the appropriate tribunal propose to hear the two references together, the appropriate tribunal shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2). In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.
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
When a tenant refers a notice issued under section 14A(1) to the tribunal, this section requires the tribunal to calculate how much the rent may reasonably increase to cover the landlord's council tax liabilities, having regard to section 14(3A).
The rent increase takes effect from the start of the new period specified in the landlord's notice, unless the tribunal finds that this would cause undue hardship to the tenant. If undue hardship is shown, the tribunal can set a later start date, provided that date is no later than the day of the tribunal's determination.
If the tribunal hears a general rent increase reference under section 13(2) at the same time as a council tax reference under section 14A(1) for the same tenancy, it must determine the section 13(2) reference first. If the start date in the section 13(2) notice is later than the section 14A(1) notice date, the council tax rent increase cannot take effect until that later section 13(2) date.
When it applies
- A tenant challenges a landlord's notice seeking to raise rent to cover council tax payments.
- A tenant asks the tribunal to delay the start date of a council tax rent adjustment to avoid undue hardship.
- A landlord and tenant have both a section 13(2) market rent notice and a section 14A(1) council tax notice pending before the tribunal together.
What this section does not say
- Standard market rent determinations unrelated to council tax liabilities, which fall under section 14.
- Challenges strictly contesting the legal validity of a rent increase notice, which fall under section 13B.
- Disputes involving landlord consent for tenant assignments or subletting, governed by section 15.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 14B 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.