HC Deb 23 May 1991 vol 191 cc552-3W
Mr. Nellist

To ask the Secretary of State for the Environment (1) from where tenants can obtain the correct form required to contest rises in the rent of assured tenancies, and at what cost; how many such outlets there are in the country; if he plans to make the form more freely available; and if he will make a statement;

(2) from where tenants can obtain the explanatory booklet to assist in contesting a rise in the rent of their assured tenancy; how many such outlets there are; if he plans to increase them; and if he will make a statement;

(3) what requirements govern the practice of landlords in informing people in assured tenancies of the four weeks' grace they have between the announcement of a new rent and the date it becomes operative in which to challenge the rise; what requirement there is on landlords to inform such tenants of where to obtain the correct form and the explanatory booklet to facilitate contesting the change; and if he will make a statement.

Mr. Yeo

[holding answer 22 May 1991]: Copies of the prescribed form which tenants may use in certain circumstances to refer a proposed new rent to a rent assessment committee are available free of charge from local rent assessment panel offices. There are 13 such offices in England and their addresses are listed in local telephone directories. Firms of legal stationers also produce their own versions of the prescribed forms which are widely available for sale.

Explanatory booklet No. 19, "Assured Tenancies", is available through many outlets including local authorities, housing advice centres and citizens advice bureaux.

The duties on landlords in respect of increasing rent in assured tenancies are set out in section 13 of the Housing Act 1988. Landlord and tenant have the right to agree a new rent between themselves without reference to a third party.

If the contract does not contain a provision for rent changes, and the landlord wishes to increase the rent, he must serve a notice in the prescribed form on the tenant proposing a new rent. The notice must specifiy the minimum period after the date of service of the notice before the new rent can take effect. In no circumstances can this be less than one month. Rent cannot be increased by this means more frequently than once a year. The prescribed form, "Landlord's Notice proposing a new rent under an assured periodic tenancy or agricultural occupancy" states that the tenant may refer the notice to a rent assessment committee before the beginning of the new period of the tenancy. It also advises tenants to seek advice from a citizens advice bureau, housing aid centre, law centre or a solicitor.