Rent Assessment Committees
Despite its formal title, the Rent Assessment Committee ("RAC") is a tribunal of two or three people set up by law under the provisions of the Rent Act 1977. It is an independent decision making body which is completely unconnected to the parties or any other public agency. The Committee will look at the matter of a rent dispute for the property following an application to the Committee.
Rent Assessment Committees can decide the following types of dispute:
- When a landlord or tenant of a regulated tenancy has objected to the rent assessed by The Rent Service (formerly the Rent Officer), the case will be referred by the Rent Service to the RAC to determine the fair rent;
- A tenant with an assured tenancy may apply to the RAC for a determination on an open market rent for the property, if their landlord tells them they plan to increase the rent by serving them with the form, "Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy";
- A tenant with an assured short hold tenancy can apply within the first six months of their tenancy. Thereafter they can apply if their landlord tells them they plan to increase the rent by serving them with the form, "Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy";
- Where a fixed term assured, or assured short hold tenancy has ended and the landlord or tenant has served a notice proposing new terms for the statutory periodic tenancy which has automatically risen, the recipient of the notice can ask the RAC to determine new terms and any rent adjustment for the statutory periodic tenancy;
- RAC's can also become involved where a long lease at a low rent that is governed by the Local Government and Housing Act 1989 has expired. More information about these type of cases is contained at Annex B of the detailed Guidance Note " Rent Assessment Committees: Market Rents";
- Tenants of assured/assured short-hold tenancies can refer for review, a landlord's notice of a change in the tenancy agreement terms under Section 6 of the Housing Act 1988 ( as this is very rare it does not really need to be discussed further);
- Tenants of assured/assured short-hold tenancies can refer a rent for review where the landlord has sought to increase it under the notice procedure under s13 of the Housing Act 1988;
- Tenants of assured short-hold tenancies can refer their rent for review during the first six months of their original tenancy, if they believe they are paying above the average market rent;
- Either landlords or tenants can refer a rent officer’s decision on a ‘fair rent’ under the Rent Act 1977 if they disagree with it.
There is no appeal against a committee’s decision except on a point of law.
More information on the work of the Rent Assessment Committees can be found from the Residential Property Tribunal Services web-site at http://www.rpts.gov.uk/our_services/rd.htm
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