Housing action trust rent charges HA 1988 s. 85
Housing action trusts can set reasonable charges for tenancies and must periodically review rents, changing generally or individually as circumstances require.
A housing action trust may make such reasonable charges as it may determine for the tenancy or occupation of housing accommodation for the time being held by it. A housing action trust shall from time to time review rents and make such changes, either of rents generally or of particular rents, as circumstances may require. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 gives a housing action trust the power to decide what rent to charge for the homes it owns. The trust can set whatever amount it thinks is reasonable. It does not say what 'reasonable' means – that is left to the trust.
The trust is also required to review its rents from time to time and can change them. It can change all rents at once or only some, depending on what the situation calls for. The law does not set a minimum or maximum rent or a fixed schedule for reviews.
When it applies
- A housing action trust sets an initial rent for a newly built flat it manages.
- The trust reviews its rents annually and decides to increase them because of rising maintenance costs.
- A trust reduces the rent for a particular tenant who has been given a smaller property after a transfer.
- A tenant asks the trust to explain why their rent went up and the trust cites this section as authority for the increase.
- The trust decides not to increase rents for a year because local market rents have fallen.
What this section does not say
- This section does not set a maximum or minimum rent – the trust decides what is reasonable.
- It does not apply to private landlords or local housing authorities – only to housing action trusts.
- It does not give tenants a right to challenge the amount as unreasonable – that would be a separate legal question.
- It does not specify how often the trust must review rents – only that it must do so 'from time to time'.
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This page reproduces the text of HA 1988 s. 85 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.