Contents
Income Related Rent : Contents

Client must be given notice of rent increase - annual review

Following an annual review, the amount of the rent charged by the housing provider cannot increase until the earliest rent effective date following the:

Change in circumstance at annual review

A change in circumstance may happen during an annual review where a client has had a change before the annual review was initiated, or during the annual review process and the change has not yet been activated or notified.

The housing provider must use the 14-day notice period at annual review when an increase to the rate of Income Related Rent is due to a change in circumstances.

Note the new rent must not be charged by the housing provider at least 61 days after the date that the change in circumstances occurred.

For more information see:

Other changes at annual review

You will need to provide the housing provider with the date of processing if you are activating and notifying the housing provider of other changes to the rate of Income Related Rent during an annual review.

A housing provider must use the 60-day notice period at annual review when:

  • the client is paying rent at the market rent rate and the housing provider increases the rate of market rent or
  • following the annual review of the rate of Income Related Rent where the rate has been increased as a result of the annual general adjustment to the rates of MSD's financial assistance or
  • when a client has not completed an annual review form or provided sufficient information to process an annual review

The housing provider will count the 60-day notice period from the date after the date of the processing of the annual review.

Note the new rent cannot be charged by the housing provider within 12 months of the day after:

  • the day the rent last increased or
  • the day the tenancy started

Legislation

The 60-day notice period ensures that a client gets at least 60 days' notice of an increase in their rent. The 60-day notice period will apply to all increases of rent where the 61-day period is not applicable.

This happens:

The rent effective date is the one-off date on which an increased rate of Income Related Rent is charged.

The rent effective date is aligned with the next charge date.

Housing providers must give tenants at least 14 calendar days' notice of any increase in their rate of Income Related Rent due to a change in their circumstances. This is to ensure that the tenant has time to adjust their circumstances to pay the higher rate of rent.

The 14-day notice must be given before the effective date. It could be within the 61-day period, or in addition to it, depending ...