Challenging excessive AST rents HA 1988 s. 22
Tenants under assured shorthold tenancies may apply to a tribunal to reduce excessive rent. For section 19A tenancies, this must be within six months.
Subject to section 23 and subsection (2) below, the tenant under an assured shorthold tenancy . . . may make an application in the prescribed form to the appropriate tribunal for a determination of the rent which, in the appropriate tribunal’s opinion, the landlord might reasonably be expected to obtain under the assured shorthold tenancy. No application may be made under this section if— the rent payable under the tenancy is a rent previously determined under this section; . . . the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or the tenancy is an assured shorthold tenancy falling within subsection (4) of section 20 above (and, accordingly, is one in respect of which notice need not have been served as mentioned in subsection (2) of that section). Where an application is made to the appropriate tribunal under subsection (1) above with respect to the rent under an assured shorthold tenancy, the appropriate tribunal shall not make such a determination as is referred to in that subsection unless they consider— that there is a sufficient number of similar dwelling-houses in the locality let on assured tenancies (whether shorthold or not); and that the rent payable under the assured shorthold tenancy in question is significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy, having regard to the level of rents payable under the tenancies referred to in paragraph (a) above. Where, on an application under this section, the appropriate tribunal make a determination of a rent for an assured shorthold tenancy— the determination shall have effect from such date as the appropriate tribunal may direct, not being earlier than the date of the application; if, at any time on or after the determination takes effect, the rent which, apart from this paragraph, would be payable under the tenancy exceeds the rent so determined, the excess shall be irrecoverable from the tenant; and no notice may be served under section 13(2) above with respect to a tenancy of the dwelling-house in question until after the first anniversary of the date on which the determination takes effect. Subsections (4), (5) and (8) of section 14 above apply in relation to a determination of rent under this section as they apply in relation to a determination under that section and, accordingly, where subsection (5) of that section applies, any reference in subsection (4)(b) above to rent is a reference to rent exclusive of the amount attributable to rates. Where— an assured tenancy ceases to be an assured shorthold tenancy by virtue of falling within paragraph 2 of Schedule 2A to this Act, and at the time when it so ceases to be an assured shorthold tenancy there is pending before the appropriate tribunal an application in relation to it under this section, the fact that it so ceases to be an assured shorthold tenancy shall, in relation to that application, be disregarded for the purposes of this section. In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.
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 this provision, a tenant holding an assured shorthold tenancy can apply to the appropriate tribunal to determine a reasonable rent for the dwelling-house. The tribunal will only lower the rent if there are a sufficient number of similar local properties let on assured tenancies and the rent being charged is significantly higher than what the landlord could reasonably expect to obtain.
An application cannot be made if the rent was previously determined under this section, if the tenancy falls under section 20(4), or if section 19A applies and more than six months have elapsed since the beginning of the tenancy or original replacement tenancy.
When a determination is made, it takes effect from the date directed by the tribunal, no earlier than the application date. Any rent charged above that amount is irrecoverable from the tenant, and no notice under section 13(2) may be served until after the first anniversary of the determination taking effect.
When it applies
- A tenant under a section 19A tenancy applies to the tribunal within six months of starting the agreement because the rent is significantly higher than similar local lettings.
- A landlord tries to demand rent in excess of the amount set by a tribunal determination that took effect earlier in the tenancy.
- A landlord seeks to serve a rent increase notice under section 13(2) before the first anniversary of a tribunal rent determination.
What this section does not say
- Challenging rent under a section 19A tenancy when more than six months have elapsed since the start of the tenancy.
- Applying to the tribunal for a rent reduction when the rent was previously determined under this section.
- Seeking damages or compensation for unlawful eviction or landlord harassment.
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This page reproduces the text of HA 1988 s. 22 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.