Where a Landlord wishes to increase the rent payable by the Tenant, there are the following ways in which this can be done:
The Housing Act 1988 provides for a Section 13 Notice to be issued by the Landlord to the Tenant in order to increase the rent after the initial fixed period has expired. This route is not available in those cases where the tenancy agreement already provides for rent increases.
The Section 13 Notice must provide the following details:
The Section 13 Notice must then be served on the Tenant, giving the Tenant at least 1 months' notice where the rent is paid on a weekly or a monthly basis. A longer notice period is required in cases where the rental period is more than one month.
Upon service of the Section 13 Notice, the Tenant has the following options available to him:
A Rent Assessment Committee is an independent body set up in terms of the Rent Act 1977. Where a matter has been referred to them for review, a hearing will be arranged whereby both parties may present their cases. This may be done with the aid of legal representation and may be in the form of either an oral hearing or by way of written representations in cases where the parties choose not to have an oral hearing. Often an inspection of the Property is necessary and this will usually be done on the day of the hearing.
The Committee will notify both the Landlord and the Tenant of its decision in writing, together with the proposed rent and a summary of the reasons for which such a decision was made.