Help! We have a client who had their rent referred to Rent Officer in August 04 - rent at that time was less than local reference rent so no determination made. Landlord has now increased rent (although there is nothing in contract to indicate that this would take place now). Tenancy started in August 03. Local Authority are saying they cannot refer to Rent Officer again as it is less than 12 months since previously referred and as there is nothing in tenancy agreement to say that landlord will increase at this stage. Is there any way in which client could have this new rent referred to Rent Officer within the 12 month period?

I suspect the lack of replies confirms my view that there is not alot you can do.

Outside of the 52-week provision, the only ways to trigger another RO referral are -

-size and composition of household changes
-big material changes to the dwelling
-rent increases under a term of the original tenancy.

Thanks for responding - it was a long shot anyway just thought someone out there may have challenged the LA on this and could suggest a strategy.
Elizabeth

How long since the last rent increase. Generally speaking a landlord is only allowed to increase the rent once every 12 months but it is a complex area. For assured and assured shorthold tenancies see section 13 of the Housing Act 1988 which deals with rent increases.

Regards
Paul

There has been no rent increase since the tenancy began August 2003.
Landlord has now increased rent to above the local reference rent level.

Elizabeth