
Legal help, services and support for private residential landlords

Landlords must now give a ‘proposed rent’ in all written property adverts (other than to let boards).
This proposed rent must be the rent charged during at least the first year of the tenancy.
However, landlords need to take care in setting this rent, as it can be challenged by tenants during the first six months of their tenancy. They do this by referring it to the First Tier Tribunal and requesting them to determine the open market rent for the property.
If the tribunal finds that the open market rent is less than the rent you have set, your tenant’s rent will be reduced to this amount. Although it will not be increased if the tribunal consider the open market rent is higher.
So landlords can no longer just set rent in a ‘gung-ho’ manner, secure in the fact that tenants can be evicted under section 21 if the rent is challenged. Section 21 is no longer with us, and tenants can vacate after giving two months’ notice to quit if they are unhappy with their tenancy.
Landlords now need to take care that rents can be justified if challenged by tenants. They will also need guidance in following the tribunal procedure.
Enter the Landlord Law Market Rent and Tribunal Kit.
This is designed to help landlords navigate the new rental landscape as follows:
Part 1 discusses open market rents and how to find the open market rent for your property by finding suitable comparable properties.
It explains how to find suitable comparable properties and the things you need to take into account when assessing them. To help we have a ‘comparable properties assessment pack’ which you can use to record your findings and make your decision.
We then explain how to complete and serve your Form 4A, where you are looking to increase an existing rent.
Part 2 gives detailed guidance on the steps to take if your tenant applies to the Tribunal for them to assess the open market rent.
We discuss the forms which are used and how to complete them. We also discuss the tribunal procedure, including tribunal hearings if listed for your case.
If you have taken care in setting your rent initially, as explained in Part 1, you should be able to justify it should it be challenged.
Part 3 looks at appeals. This is not something that landlords should attempt without professional help, so outline guidance only is given.
Part 4 will be covering the rules governing rent increases for Rent Act protected tenants and for common law unregulated tenancies.
Part 5 is the resources section and includes:
The changes to the rent regime are significant. It looks as if many tenants are now taking advantage of their legal rights and are referring rents to the tribunal.
Landlords therefore need to take extra care in setting those rents in the first place, to be able to defend the rent from challenge.
Hopefully, this kit will fill a gap and help landlords manage in the new rental landscape.
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