In this section
In most cases a landlord can charge the full registered rent from the effective date of the registration, although this will depend on any restrictions in the tenancy agreement and the requirement to serve a formal notice of rent increase, which can be back-dated not more than 4 weeks.
The recommended notice of increase form is the one appropriate for regulated tenancies – it is known as Form No.1 in the Rent Act 1977 (forms etc) Regulations 1980. The use of Form 1 is not mandatory. Any form or letter that follows the wording of Form 1 or gives the same required information is satisfactory. Form 1 is not available from, or supplied by the Rent Officer. Form 1 is a legal form that can be obtained from law stationers. There is a link on our website to where a copy may be purchased from.
If the registration is the first since a controlled tenancy became a regulated tenancy, the rent increase must be ‘phased’. This means that the rent is put up in two stages.
● In the first year the landlord can charge half the increase.
● In the second year the landlord can charge the full increase.
The landlord can also charge the amount for services in full from the effective date. A special notice of increase is required for phasing – known as Form No.2 in the Rent Act 1977 (forms etc) Regulations 1980.
Form 2 is only required for the first rental increase following de-control; all subsequent increases should use Form 1 as detailed above. The use of Form 2 is not mandatory. Any form or letter that follows the wording of Form 2 or gives the same required information is satisfactory. Form 2 is not available from, or supplied by the Rent Officer. Form 2 is a legal form that can be obtained from a law stationers.
If the landlord is a housing association they must serve a written notice of increase (but, there isn’t a specific statutory form) at least four weeks before the increase is charged, and the new rent can only be charged from the beginning of a rent period.
If the rent has been reduced, there is no need for a notice and the new rent starts automatically from the effective date of the registration.
Once a rent officer has registered a rent the matter of collection/charging the new rent is a matter between the landlord and tenant, and not something rent officers can become involved in.
Landlords or their agents should contact their nearest law stationers, or seek their own legal advice if they are unsure which form to use or how to complete it. Many of the larger law stationers now have websites from which these forms can be down-loaded, although there is likely to be a charge for this.
● Regulated tenancy
● Housing Association tenancy