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Im ignorant? Only tenancies established before January 1989, are regulated tenancies protected by the Rent Act 1977 and “fair rent”. It’s been 33yrs since then! 99.999% of private tenants will fall under market rent. I know of only 1 tenant where fair rent applies and he is 70-odd and inherited it from his long dead parents. But, I’m the one being “misleading”
From your link:
“There are two types of rents cases, depending on the tenancy involved.”
- Fair rent cases
When a rent officer fixes a fair rent for a property under the Rent Act 1977, either landlord or tenant can lodge an objection to the rent with the rent officer who then refers the matter to this tribunal.
- Market rent cases
Market rent cases are referred to this tribunal in one of four ways.
(a) Where the landlord under an assured, or assured shorthold, periodic tenancy has served a notice on the tenant, under section 13 of the Housing Act 1988, proposing a rent increase to take effect at the beginning of a new period of the tenancy specified in the notice. At any time before the proposed date of increase, the tenant may refer that notice to this tribunal for an assessment by the tribunal of the rent to be payable. The tribunal must receive that application before the date specified in the landlord’s notice of increase.
(b) Where a tenant, under an assured shorthold tenancy, is dissatisfied with the rent payable under the tenancy, an application can be made to this tribunal under section 22 of the Housing Act 1988, provided it is received within the first six months of the initial tenancy. If the tribunal considers the rent to be significantly higher than could reasonably be expected, the tribunal will determine a market rent for that tenancy.
(c) Where a fixed term assured, or assured shorthold, tenancy has come to an end and the landlord or tenant has, by notice under section 6 of the Housing Act 1988, proposed new terms for the statutory periodic tenancy which has automatically started. The recipient can refer the notice to this tribunal for it to determine the new terms, including rent.
(d) Where there has been an application to the tribunal under the Local Government and Housing Act 1989 where a long lease at a low rent has expired.”
”In market rent cases (assured or assured shorthold tenancies), the tribunal, when determining a rent, will look at the market or ’comparable‘ rents payable for similar properties in the locality. Parties are encouraged to provide evidence of comparable rents. The tribunal will ignore any improvements by the tenant to ensure that such improvements will not have the effect of inflating the rent.”