Rent setting and regulation [Archived]

Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers

Practice notes

Rent setting and regulation [Archived]

Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers

Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained.

The level of rent which a tenant must pay is determined by the tenancy agreement between the landlord and the tenant and which governs the legal relationship between them.

Many tenancy agreements make provision for the rent to be increased during the lifetime of the tenancy, particularly if the landlord and tenant envisage the tenancy lasting for some time. On the other hand, if the tenancy is intended to be for a short period of fixed duration (as is the case with many assured shorthold tenancies) the rent may be fixed at one level for the duration of the fixed term.

Precisely how the level of rent payable is fixed and what rights the landlord and tenancy have regarding rent increases depends on the type of tenancy. The main types of tenancy and the applicable legal rules governing the setting of the rent are addressed in turn below.

Private sector tenancies

Rent Act tenancies

What is a Rent Act tenancy?

Most

Morayo Fagborun Bennett

Gatehouse Chambers

Morayo specialises in all areas of landlord and tenant and property law.

Recent cases include Charalambous v Ng [2014] EWCA Civ 1604 (tenancy deposit schemes), Coope v Ward [2015] EWCA Civ 30 (easement of support and measured duty of care) and Farah v Hillingdon LBC [2014] EWCA Civ 359 (intentionality and homelessness). She also regularly acts in disrepair and dilapidation proceedings, service and estate charge disputes and residential and commercial lease renewals.

Morayo’s public law practice includes community care, Court of Protection, deprivation of liberty, welfare benefits, homelessness, judicial review and discrimination law. Recent cases concerned the community care needs of life sentenced prisoners, a deprivation of liberty case on the interface between the MCH and MCA and a test case on the lawfulness of the current practice adopted by decision makers in Employment Support Allowance assessments.

Morayo’s commercial practice covers contractual disputes in the property and employment sectors advocating in the courts and tribunals. A speciality is cases involving multiple discrimination complaints. Morayo came to the law with a background in philosophy and theology, graduating from St Hilda’s College, Oxford in 2000 with a 2:1. Her Masters in Crime, Human Rights and the International Community achieved a Distinction.

She attained a commendation in the Common Professional Examination and was graded outstanding on the Bar Vocational Course in 2004.

Jurisdiction(s):

United Kingdom

Key definition:

Landlord definition

What does Landlord mean?

A person who grants a lease.

Rent setting and regulation [Archived]

Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers