Rent Act 1977

93 Increase of rent without notice to quit. E+W

(1) Subject to subsections (2) and (3) below, where a housing association tenancy is a weekly or other periodical tenancy [F1 but not an occupation contract], the rent payable to the housing association or, as the case may be, the housing trust or the [F2 Regulator of Social Housing] [F3 or the Secretary of State] F4 ... ([F5 in this section] [F5 in this subsection and subsection (2)] called “the landlord”) may, without the tenancy being terminated, be increased with effect from the beginning of any rental period by a written notice of increase [F6 specifying the date on which the increase is to take effect and given by the landlord to the tenant not later than four weeks before that date].

[F7 (2) Where notice of increase is given under subsection (1) above and the tenant, before the date specified in the notice of increase, gives a valid notice to quit, the notice of increase does not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.]

[F8 (2A) Where a housing association tenancy is a secure contract or a periodic standard contract, the rent payable to the housing association or, as the case may be, the housing trust or the Welsh Ministers (in this subsection called “the landlord”), may be increased with effect from the beginning of any rental period by a written notice of increase specifying the date on which the increase is to take effect, and given by the landlord to the contract-holder not later than four weeks before that date.

(2B) A notice of increase given under subsection (2A) does not take effect if, before the date specified in that notice, the contract-holder gives a notice to end the contract.

(2C) But the notice of increase does take effect if, before the date specified in that notice, the notice to end the contract ceases to have effect (see section 167(3) or 172(3) of the Renting Homes (Wales) Act 2016 (anaw 1)).]

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This section shall apply to a tenancy notwithstanding that the letting took place before the coming into force of this Act.

(5) Nothing in this section shall authorise any rent to be increased above the rent limit, and any reference in section 88 of this Act to the variation by agreement of the rent recoverable under a tenancy shall include a reference to variation under this section.

[F10 (6) In this section, the following terms have the same meaning as in the Renting Homes (Wales) 2016 (anaw 1) (see sections 7 and 8 of that Act)—

(a) contract-holder;

(b) occupation contract;

(c) periodic standard contract;

(d) secure contract,

and “notice to end the contract” means a notice under section 163 or 168 of that Act.]

Textual Amendments

F1 Words in s. 93(1) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799), regs. 1, 6(2)(a) (as amended by S.I. 2022/906, arts. 1(2), 14)

F2 Words in s. 93(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 12 (with art. 6, Sch. 3)

F3 Words in s. 93(1) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 1(4)

F4 Words in s. 93(1) repealed (1.11.1998) by Government of Wales Act 1998 (c. 38), s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

F5 Words in s. 93(1) substituted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799), regs. 1, 6(2)(b) (as amended by S.I. 2022/906, arts. 1(2), 14)

F6 Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 5(2)(5) in relation to notices of increase given after 28.11.1980

F7 S. 93(2) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 5(3)(5) in relation to notices of increase given after 28.11.1980

F8 S. 93(2A)-(2C) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799), regs. 1, 6(3) (as amended by S.I. 2022/906, arts. 1(2), 14)

F9 S. 93(3) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 10 para. 5(4)(5), Sch. 26 in relation to notices of increase given after 28.11.1980

F10 S. 93(6) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799), regs. 1, 6(4) (as amended by S.I. 2022/906, arts. 1(2), 14)

Modifications etc. (not altering text)

C1 S. 93(1) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)