Reserve power to limit rents LTA 1985 s. 31
Secretary of State may order restrictions on rent increases and new lettings. Order made by statutory instrument subject to annulment. Definitions included.
The Secretary of State may by order provide for— restricting or preventing increases of rent for dwellings which would otherwise take place, or restricting the amount of rent which would otherwise be payable on new lettings of dwellings; and may provide either generally or in relation to any specified description of dwelling. An order may contain supplementary or incidental provisions, including provisions excluding, adapting or modifying any provision made by or under an enactment (whenever passed) relating to rent or the recovery of overpaid rent. In this section— “ new letting ” includes any grant of a tenancy, whether or not the premises were previously let, and any grant of a licence; “ rent ” includes a sum payable under a licence, but does not include a sum attributable to rates or council tax or , in the case of dwellings of local authorities National Park authority or new town corporations, to the use of furniture, or the provision of services; and for the purposes of this section an increase in rent takes place at the beginning of the rental period for which the increased rent is payable. An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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 the Secretary of State a reserve power to control rents for dwellings in England and Wales. The Secretary can issue an order that restricts or prevents rent increases that would otherwise happen, or that limits the rent on new lettings (including new tenancies and licences). The order can apply generally or only to a specified type of dwelling.
The order may also include supplementary or incidental provisions, such as changing or adapting any existing law about rent or recovering overpaid rent. The section defines 'new letting' broadly to include any grant of a tenancy or licence, even if the premises were not previously let. 'Rent' does not include rates, council tax, or (for local authority, National Park authority, or new town corporation dwellings) sums for furniture or services.
Any order made under this section must be created by a statutory instrument, which can be annulled by a resolution of either House of Parliament.
When it applies
- A landlord in a local area tries to raise rents sharply; the Secretary of State issues an order capping increases for all dwellings in that area.
- A new housing development lets flats at very high rents; the Secretary of State orders a maximum rent for new lettings of that type of dwelling.
- A tenant pays a licence fee for a room that is treated as rent; the order restricts increases of that licence fee.
- The Secretary of State adapts an existing rent control law to exclude certain service charges from the definition of rent for local authority dwellings.
What this section does not say
- This section does not set any specific rent limit or cap – it only gives the Secretary of State the power to do so by order.
- It does not apply to commercial or non-dwelling tenancies; only dwellings are covered.
- It does not give individual tenants the right to challenge a rent increase directly – the order must be made by the Secretary of State.
- It does not override existing rent control orders already in place; it allows new orders or modifications.
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This page reproduces the text of LTA 1985 s. 31 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.