Q&As

How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 18/09/2018

The following Local Government Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?
  • Rent Act 1977 tenancies granted by private registered providers
  • The fair rent regime for housing association tenancies
  • The Welfare Reform and Work Act 2016

How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?

Rent Act 1977 tenancies granted by private registered providers

The Rent Act 1977 (RA 1977) imposes a regime on landlords which makes provision for a fair rent to be determined in respect of a tenancy and for the landlord to be limited to charging no more than that determined fair rent.

Prior to 15 January 1989 (when the Housing Act 1988 (HA 1988) came into force), the fair rent regime applied to private sector tenancies as well as housing association tenancies (this Q&A shall use the term ‘housing association tenancies’ since that is the language used by HA 1988).

By virtue of the coming into force of HA 1988, the fair rent regime does not apply to private sector or housing association tenancies granted on or after 15 January 1989.

However, for those tenancies which were granted before that date and which are still in existence, the fair rent regime continues to apply.

The fair rent regime for housing association tenancies

HA 1988, s 87(1)–(2) provides that a housing association tenancy can be the subject of a fair rent registration.

Accordingly, the landlord or tenant (or both acting jointly) may apply to a rent officer in the prescribed form for the rent of the tenancy to be registered.

No such application may be made within two years of

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