Rent increases for protected tenants

If you have a protected tenancy (usually one that began before 15 January 1989), your rent works differently from newer tenancies.

Registered fair rents

A fair rent is set by a rent officer at the Valuation Office Agency (now part of HM Revenue & Customs). Once registered, it's the most that can be charged, and it can only be raised through the rent officer.

• You or we can apply, on form RR1.
• If no rent has been registered yet, an application can be made at any time.
• After that, a new rent normally can't start until two years after the last one did. We can apply up to three months early, but it still can't start sooner.
• We can apply together at any time. Either of us can also apply sooner if something important has changed, such as improvements to your home.

How the rent officer decides

The rent officer looks at the age, character, location and state of repair of your home, and any furniture provided. Your personal circumstances aren't taken into account, and neither are improvements you've made yourself. The rent officer must also assume there's no real local shortage of similar homes to rent, which is one reason a fair rent can be lower than a market rent.

If we apply, you'll be sent a copy, and either of us can ask the rent officer to consult us both before deciding.

A legal cap on increases

When a rent is registered again, the Rent Acts (Maximum Fair Rent) Order 1999 limits the new figure. It can't be more than the existing registered rent, increased by the rise in the Retail Prices Index since it was last registered, plus 5%, rounded up to the next 50p. (It was 7.5% on the first application after the Order began in 1999.)

The cap doesn't apply if our repairs or improvements have raised the rent officer's figure by at least 15%.

If you disagree

Unless the rent was agreed in a joint application, you can object in writing within 28 days of the rent officer's notice (or later, with good reason). The First-tier Tribunal (Property Chamber) then decides, within the same cap.

A higher registered rent only starts once you've been given a written notice of increase. The increase can take effect up to four weeks before the date of the notice, but never before the date the rent was registered.

You can look up any registered rent on the government's register of fair rents.

Find out more

• Fair rents (GOV.UK)
• Changes to a regulated tenancy (GOV.UK)
• Check the register of fair rents (GOV.UK)
• Fair rent forms, including RR1 (GOV.UK)
• Valuation Office Agency rent officers (GOV.UK)
• First-tier Tribunal (Property Chamber) (GOV.UK)
• Rent Acts (Maximum Fair Rent) Order 1999 (legislation.gov.uk)