In this section
Legislation sets out a number of “prescribed particulars” that the applicant should provide when making an application for registration of fair rent. However if the applicant does not give this information, the application may still be valid. This is because the courts have decided that not all the information is mandatory. Ordinary members of the public acting without professional help often make applications, and so the courts do not encourage a technical, legalistic approach to what is required.
The lack of, or inaccuracy of, information will not automatically mean that the application is invalid. Even if the form is not signed a rent officer can still accept it providing that there is a signature, or other identifying mark on the form or on an accompanying letter. The key point is that the application must show who submitted it. Any letters and other documents sent with the application form part of that application and must be copied to the non-applicant.
Applications for registration of fair rent are not valid unless the applicants propose a rent to be registered, and this must be a different amount to that already registered for the tenancy. This will usually be a specific figure of rent for a set period, such as £70 per week, though this may not always be the case. For example, the applicant might suggest a rent of an amount per square foot or square metre. This would still be a valid application provided that it is possible to calculate the figure of rent with certainty.
If a landlord applies for a registration of fair rent, and that landlord provides services to the tenant, the Rent Act requires the landlord to give certain information about the services and the cost. In the application the landlord must:
- specify the sum payable for services; and,
- include details of the expenditure incurred in providing those services.
The application cannot be accepted unless this information is provided because the details form part of the application; they are not just supporting evidence. The amount for services must be an actual figure, it cannot be “negligible”.
The minimum information required in the application form can be found by looking at the prescribed application form (RR1 or RR1C).
- RR1 Application