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65 Must al.1 rents of regulated tenancies be registered by the Rent Officer?
No.
66 A tenant of a regulated tenancy is paying a rent which has not been registered. Can the landlord put the rent up?
Only if the tenancy agreement allows for increases in the rent including increases in the cost of services, maintenance and repairs. If it does not, then the landlord can increase the rent only if:
(a) the tenant is willing to enter into an agreement with the landlord which either increases the rent payable under the existing tenancy (this is called a rent agreement) or grants a new tenancy at a higher rent; or
(b) the Rent Officer registers a rent which is above the existing rent, when the landlord can recover the increase in accordance with Question 57.
67 Are increases in rent provided for in a rent agreement subject to a maximum annual increase?
No. The landlord and tenant are free to agree on the amount of the increase.
68 Does the tenant have to agree if the landlord asks for an increased rent? Will refusal affect his rights under the Rent Act?
No. And the tenant's security of tenure will not be affected if he refuses to enter into a rent agreement.
69 If the tenant agrees to the rent agreement, can he still apply to the Rent Officer for a rent to be registered?
Yes. Entering into a rent agreement does not deprive the tenant, or the landlord, of the right to apply at any time for the registration of a fair rent.
70 Must the rent agreement be made in a particular way?
Yes. It must be in writing and be signed by both parties. A statement must also be set out at the head of the rent agreement to the effect that:
(a) the tenant's security of tenure under the Rent Act will not be affected if he refuses to enter into the agreement; and
(b) entry into the agreement will not deprive either the tenant or the landlord of the right to apply at any time for the registration of a fair rent; and
(c) if a rent is registered, any increase in rent may be limited (see Section F).
This statement must not be in smaller print than the rest of the rent agreement and any agreement which does not contain this statement is not valid. This means that the tenant can recover any increase he has paid under it for up to 2 years afterwards.
71 Can more than one rent agreement be made?
Yes. The landlord and tenant may agree further rent increases from time to time, provided that each agreement complies with the requirements set out in Question 70.
72 Does the Rent Officer have to see all rent agreements?
No. But see Question 73 dealing with the cancellation of a registered rent.
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