Rent increases

As a tenant you pay rent to your landlord in return for living in your home. In certain circumstances it is possible for landlords to increase the rent. This section explains when and how rent can be increased and what you can do if you disagree with the rent increase.

The rules controlling how and when your landlord can increase your rent depend on the kind of tenancy you have. Check the type of tenancy you have.

When can my rent be increased?

Some tenants live in their homes for years without the rent being increased. However, your rent can be increased at any time if you agree to it.

Otherwise, if you don't agree to a rent increase, your landlord may only be able to increase the rent at certain times. There may be a limit to how often your landlord can increase the rent, or your landlord may have to follow a specific procedure for the increase to be legal.

General rules.

If your tenancy is for a fixed period of time, such as six months or a year, your landlord cannot increase the rent until that fixed period ends. The only exceptions to this are if you agree to the increase or there is a clause in your agreement saying that the rent will be increased.

Your landlord should only be able to increase your rent by a reasonable amount during the term of your contract. If you feel your landlord is increasing your rent by an unreasonable amount contact Housing Rights Service or Consumerline on 0300 123 62 62.

If your landlord wants to increase your rent, they must give you notice. Usually they should let you know at least a month in advance when your rent is going to go up.

Housing Executive tenants

The Housing Executive usually increases the rent every April. You should get four weeks' written notice of any rent increase.

If you have carried out improvements to your home you won't have to pay extra rent for those improvements. However, if the Housing Executive carried out improvements your rent may be increased.

Housing association tenants

Your rent can only be increased once a year. You must be given four weeks' notice of the increase. Your housing association can only increase your rent after you have spent a year in the property.

Private tenants

If you are a protected tenant your landlord can usually only increase the rent at certain points during your tenancy. If you disagree with a rent increase, get advice. You may be able to challenge it.

If you are a private tenant your landlord can't increase the rent during your tenancy without your agreement. However, if you stay on after the tenancy finishes (a month-to-month tenancy) your landlord can increase the rent. Your landlord should give you four weeks' notice before increasing the rent. It can be difficult to challenge this as your landlord can evict you quite easily.

If you are a month-to-month tenant or you don't have a tenancy agreement get advice as soon as possible.

What if my landlord doesn't follow the correct procedure?

If your landlord doesn't follow the correct procedure to increase the rent, you won't have to pay the increase, only the amount you were paying before. Check with a housing adviser first if you don't think your landlord has followed the correct procedure.

If you're mistaken and the landlord is following the correct procedure, you'll be building up rent arrears and your landlord could evict you.

If you're right and your landlord is not following the correct procedure, by paying the increased amount you're implying that you have agreed to the rise in rent.

Can I challenge the rent increase?

If you think the rent increase is unreasonably high, you may have the right to go to the rent assessment committee (RAC) if you are a protected tenant. Housing Executive or housing association tenants can't challenge a rent increase.

Your rent is calculated using the Housing Executive's point system. Your rent may be reduced if your home is in poor condition.

Will my housing benefit be affected?

Yes. If you are claiming housing benefit and your rent is increased, you should inform the Housing Executive straight away. You will have to provide evidence of the rent increase. This could be a letter from your landlord or a written decision from the Rent Assessment Committee.

The Housing Executive will reassess your housing benefit claim and inform you of your new entitlement. If this does not cover the whole of your rent, and you can't pay the rest yourself, get advice. An adviser will be able to tell you whether the council has assessed your situation properly.