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 [F1but not an occupation contract], the rent payable to the housing association or, as the case may be, the housing trust or the [F2Regulator of Social Housing] [F3or the Secretary of State] F4... ([F5in this section] [F5in 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 [F6specifying 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

F3Words in s. 93(1) inserted (15.1.1999) by S.I. 1999/61, art. 2, Sch. para. 1(4)

F6Words 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

F7S. 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

F9S. 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

Modifications etc. (not altering text)