Rent Increases for Unsecure HAT Tenancies HA 1988 s. 86
Housing action trusts can raise rent on non-secure periodic tenancies with four weeks' written notice. Tenants get two weeks to give notice to quit.
This section applies where a dwelling-house is let by a housing action trust on a periodic tenancy which is not a secure tenancy , or an introductory tenancy . The rent payable under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of a rental period by a written notice of increase given by the housing action trust to the tenant. A notice under subsection (2) above is not effective unless— it is given at least four weeks before the first day of the rental period, or any earlier day on which the payment of rent in respect of that period falls to be made; it tells the tenant of his right to terminate the tenancy and of the steps to be taken by him if he wishes to do so; and it gives him the, dates by which, if (by virtue of subsection (4) below) the increase is not to be effective, a notice to quit must be received by the trust and the tenancy be made to terminate. Where a notice is given under subsection (2) above specifying an increase in rent with effect from the beginning of a rental period and the tenancy continues into that period, the notice shall not have effect if— the tenancy is terminated by notice to quit given by the tenant in accordance with the provisions (express or implied) of the tenancy; the notice to quit is given before the expiry of the period of two weeks beginning on the day following the date on which the notice of increase is given, or before the expiry of such longer period as may be allowed by the notice of increase; and the date on which the tenancy is made to terminate is not later than the earliest day on which the tenancy could be terminated by a notice to quit given by the tenant on the last day of that rental period. In this section “ rental period ” means a period in respect of which a payment of rent falls to be made.
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 allows a housing action trust to increase the rent on a periodic tenancy that is not a secure tenancy or an introductory tenancy without having to end the tenancy first. A periodic tenancy is a tenancy that runs from week to week, month to month, or another regular rental period.
To increase the rent, the trust must serve a written notice on the tenant at least four weeks before the start of the rental period when the increase takes effect, or four weeks before rent for that period is due. The notice must explain the tenant's right to end the tenancy, the steps required to do so, and the exact deadlines by which a notice to quit must be received by the trust.
If the tenant decides to end the tenancy rather than accept the rent increase, they must serve a notice to quit within two weeks of receiving the increase notice (or within any longer period permitted by the notice). Provided the tenancy terminates on or before the earliest possible date for an ordinary tenant notice to quit served on the last day of that rental period, the rent increase will not take effect.
When it applies
- A housing action trust serves a written rent increase notice on a tenant holding a non-secure periodic tenancy four weeks before the new rent takes effect.
- A tenant receiving a rent increase notice from a housing action trust serves a notice to quit within two weeks to terminate the tenancy before the higher rent applies.
- A housing action trust drafts a rent notice and includes the required statutory warnings about tenant termination rights and notice deadlines.
What this section does not say
- Rent increases for secure tenancies or introductory tenancies managed by a housing action trust.
- Rent increases for private tenancies, such as assured shorthold tenancies with private landlords.
- Notices of proceedings for possession served to regain property from a tenant.
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This page reproduces the text of HA 1988 s. 86 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.