Can the Landlord increase your Rent?

Posted on 01/06/2010

You're delighted with your Clear Lets flat. It's exactly what you were looking for and in a great location. The rent too is around the mark you were looking to pay.

Now six months down the line, your landlord wants to increase the rent. Can he do this and what rights do you have?

Well, if your Clear Lets lease has come to an end then the simple answer is YES he's entitled to ask whatever he likes for his property.

However, if you're only a few months into your lease then it's a very different matter, particularly if you don't agree to the increase and there's no clause in your lease entitling him to automatically increase the rent. 

"If your landlord wants to increase your rent then he has to let you know," said Myra Blaik, Operations Manager, Clear Group Scotland Ltd. "I would expect a decent landlord would notify the tenant of his intention at least one month in advance. I'd also expect him not to increase the rent more than once a year."

If your landlord fails to comply with the correct procedure then you don't have to pay the extra rent. Just keep paying the amount that was agreed and is recorded on your lease. If you do pay then that's taken as an acceptance on your part to the increase. However, just to be on the safe side – it might be a good idea to check with a Housing Adviser first.

Most tenants are charged 'market' rent - ie the same rent as other similar properties in that locale for instance a property in the heart of a city would be more expensive than a similar-sized property in a village location. If you disagree with the amount you are being charged then you can write to the Rent Assessment Committee (Scotland). The matter would then be dealt with either at a Hearing or in writing.

If you're claiming Housing Benefit then the increase will have an effect on the amount of money you receive. Therefore, you must notify the department of this and provide written evidence of the increase. Your records will then be amended accordingly.