Private rented properties

Tenant support

Your rights as a tenant (Gov.UK)

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Fire safety

Fire safety guide for tenants

Rent increases

Advice for when your landlord increases rent.

  • Can my landlord increase my rent?
    Yes, but it has be fair and in line with the market rate of the area.
  • How can my landlord increase my rent?
    Your landlord can tell you by any written notice, or they may serve a form under section 13 of the Housing Act 1988, often called a Form 4.  They may issue a new tenancy agreement.
  • How often can my landlord increase my rent?
    Generally, your landlord cannot increase your rent more than once a year, and they have to give you at least 1 month’s notice.
    Tenancy types:
    • for a periodic tenancy (rolling on a week-by-week or month-by-month basis) your landlord cannot increase the rent more than once a year without your agreement.
    • for a fixed-term tenancy (running for a set period) the rent can normally only be increased when the fixed term ends and a new agreement is made.
  • How much can my rent increase by?
    Take a look at your tenancy agreement where it should state the maximum you rent can increase by each year.  Your landlord must get your permission if they want to increase the rent by more than that stated in your tenancy agreement.  If the rent increase is more than that stated in your contract, it must be fair and realistic, which means it must be in line with average local rents. 
  • How do I accept a rent increase?
    Let your landlord know if you accept the rent increase.  Any payment made towards the new rate would be seen as accepting the rent increase.
  • Can I disagree with rent increase?
    Yes, you do not have to agree if you think the increase is excessive, but you must do so before the proposed date.  Do not agree to an amount you know you cannot commit to as there will be future problems if you miss payments.
  • How do I negotiate a proposed rent increase?
    Negotiation can be made directly with your landlord explaining why you think the increase is excessive, and this must be done before the proposed date of the change.  Make sure you look at comparable rents in the local area, and put this in writing to your landlord with any other reasons you may have.
  • What do I do if we cannot come to a mutual agreement?
    If you still cannot come to a mutual agreement, and you believe that the increase is excessive comparable to current local rents you can contest it by applying to the tribunal.
    An application to the tribunal can only be made before the date of the proposed rent increase was meant to be implemented.
    In the event the tribunal agrees with your landlord, you will be instructed to pay the excess from the proposed date. But if the tribunal agrees the increase is excessive, they will decide what a fair rent is, and your landlord will only be able to charge you that amount.
  • What evidence should I provide to the tribunal?
    Most tribunals will base their verdict on the evidence you provide.
    As a tenant you can provide the following evidence:
    • comparable rents in your area for example your neighbour’s rental amount
    • noted disrepair within the property
    • personal property enhancements
    • previous rent increases
  • What do I do if I cannot afford it?
    If the rate of increase is fair and in line the market rate of the area, but you still believe you cannot afford it, you may be able to obtain help through universal credit housing payments.
    If you miss payments, your landlord may start action to end the tenancy by serving a section 8 or section 21 possession notice.

Have you received an Eviction Notice?

The first stage is your landlord giving you a ‘Notice of intention to begin proceedings for possession.’

Check if the Notice is valid

The Notice will be issued under either section:

Housing Act 1988 section 21 ‘Notice Requiring Possession'

A Section 21 eviction notice does not need the landlord to state the reasons for the tenancy coming to an end.

A landlord must have fulfilled certain obligations for the notice to be considered valid:

  • the deposit must have been placed within an authorised deposit scheme
  • the tenants must have been given a ‘How to rent’ leaflet
  • there is a valid Gas Safety Certificate
  • there is a valid Energy Performance Certificate
  • the property must be registered under the local authorities current licensing scheme (unless exempt)
  • a section 21 cannot be issued within the first 4 months of a given tenancy and tenants cannot be asked to leave before the end of the fixed term period stated in the tenancy agreement
  • the tenant must be given at least 2 months notice
  • the landlord must use the correct form

If a tenant fails to vacate the property the landlord has 6 months to apply to the court for a possession hearing. If the court grants permission the landlord will arrange for a court appointed bailiff to remove the tenant from the property.

Housing Act 1988 section 8 ‘Notice Requiring Possession'

A Section 8 eviction notice can be used to end a tenancy before the contract comes to an end, if the tenants have broken the rules of the tenancy in some way, for example if the tenants:

  • are more than 2 months behind in their rent
  • have damaged the property or furniture
  • gained the tenancy by providing false information about themselves
  • became a nuisance to neighbours
  • have used the property for criminal activities

A landlord must have fulfilled certain obligations for the notice to be considered valid:

  • the s.8 notice must give the tenants the right amount of notice
  • it must state the date after which court action can start
  • it must state the grounds for possession, and explain why they are being used
  • the landlord must use the correct form

Possession proceedings

Whether your landlord is seeking possession of their property under section 8 or section 21, the tenant and the landlord must continue to abide by the terms of the tenancy agreement, for example tenants must continue to pay rent, and landlords must continue to maintain the property.

If the Notice is valid

If the Notice is valid we recommend you leave the property by the date given.

Failure to do so will result in:

  • your landlord applying to the court for a possession order
  • if the court grants the possession order you may have to pay the landlord’s court fee as well as any rent arrears
  • failure to pay may result in a county court judgment against you which will seriously harm your credit rating
  • whilst going through the eviction proceeding you are still liable to pay your rent and adhere to the tenancy agreement and conditions

So it is in your best interest to seek alternative accommodation or at least seek support in looking for an alternative accommodation as soon as possible. If you are receiving Universal Credit (Housing Element) or Council Tax Benefit you can apply for a DHP (Discretionary Housing Payment) to assist with rent in advance, deposit, and removals.

All deposits should have been kept in a deposit protection scheme; you should see if you are able to use this to help you move. Tenancy deposit protection was introduced by the Government in April 2007 for all assured shorthold tenancies in England and Wales where a deposit was taken. The aim is to make sure you’re treated fairly at the end of your tenancy. Your landlord or letting agent has a number of legal obligations, as set out in the Housing Act 2004, that they need to fulfil to ensure your deposit is protected lawfully and you’re notified of this.

If you know the landlords’ reasons to seek possession are justified and you do not have grounds to contest it in court, we recommend you find new accommodation by the date on the notice, or by a date agreed with your landlord.

Illegal eviction and harassment

A landlord cannot forcibly remove a tenant from the property.  If a landlord tries to remove a tenant by any means such as:

  • changing locks
  • turning off utilities
  • not allowing access to parts of property previously permitted

Our advice is to call the police immediately and email propertyregulation@ealing.gov.uk as this is a serious offence under the Protection from Eviction Act 1977.

Energy bill help (National Energy Action (NEA)

Find out if your landlord is accredited

You can find out if your landlord is accredited with London Landlords Accreditation Scheme (LLAS)

Other organisations will have to be contacted individually to see if they will provide this information.

Report disrepair