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Rent Assessment Committees (RAC's) are independent bodies which have the power to set rent levels for some tenants within the private rented property market.
RAC's are appointed by the Secretary of State for the Environment and the Lord Chancellor. The three people within the RAC, usually a lawyer, a property valuer and a lay person, are drawn from the 14 Rent Assessment Panels established within England and Wales.
If you think that you are paying too much rent for the property you are living in this site will guide you through the process of getting your rent level assessed by a RAC.
If you live with the owner/agent you cannot make an application to the RAC.
Whether you can apply to get your rent assessed by a RAC is determined by what type of tenancy agreement you have. There are two main types of tenancies in the private sector:
The most common type of contract signed by students in Leeds is the Assured Shorthold Tenancy.
I Have An Assured Shorthold Tenancy. When Can I Apply To The RAC?
I Have An Assured Tenancy. When Can I Apply To The RAC?
Your landlord can also apply to the RAC for an independent decision on the rent if your Assured or Assured Shorthold Tenancy has come to the end of it's fixed term and a replacement tenancy has not been issued.
If your fixed term tenancy has ended and the landlord has not issued a replacement tenancy he can only change the terms of your original contract if you agree.
Following the end of a fixed term tenancy the owner/agent can ask you to sign a new fixed term contract with different terms. If you do not agree with the terms offered you can refuse to sign the agreement.
If you have an Assured Shorthold Tenancy fill in the form called "Application to a Rent Assessment Committee for a determination of a rent under an Assured Shorthold Tenancy" - available from the Welfare Services Office and the RAC.
If you have an Assured or Assured Shorthold Tenancy and you get a formal notice of a rent increase (which can only be issued after the fixed term has ended and at least 2 months notice of the increase has been given) and you do not agree with it, you must fill in the form called "Application referring a Notice proposing different terms for a Statutory Periodic Tenancy to a Rent Assessment Committee - available from the Welfare Services Office and the RAC.
If you have an Assured or Assured Shorthold Tenancy which is not for a fixed length of time (therefore making it a Periodic Tenancy) your owner/agent can increase the rent after the first year of the Tenancy. If you do not agree with it you must fill in the form called "Application referring a Notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Rent Assessment Committee" - available from the Welfare Services Office and the RAC.
When you have established which application form is appropriate for your use it has to be filled in and sent with a copy of your Tenancy Agreement, if you have one, to the North Eastern Rent Assessment Panel in Leeds (address at the end of the booklet).
Once the RAC has received an application for rent assessment a notice is served on both the tenant and the owner/agent giving them at least 7 days to either make written representations or to request an oral hearing.
If no hearing is requested the RAC will consider the representations and give both parties the opportunity to comment on the other's case. A determination of the rent level will then be made and both parties notified.
Either party can request a hearing. 10 days notice of the hearing will be given. The hearing takes place in public and both parties can be represented by a solicitor (you will not receive legal costs for this) or a choice of representative.
Both sides can give evidence, call witnesses and cross examine witnesses called by the other party. A decision recorded in writing is then sent to both parties. It may be possible for a Welfare Services Officer to represent you at a hearing, contact the Welfare Service Office for advice.
The RAC will decide from what date the determined rent will be paid. It will usually be payable from the date which was stated in the notice of increase or from the date the application was made if within the first 6 months of an Assured Shorthold Tenancy. This determination is legally enforceable.
Typical weekly rent for a room in a shared house is around £48 this year. This will vary according to area and type of accommodation. Smaller houses e.g.2 bedrooms are likely to be more expensive per person and a single self contained flat may be up to £100 or more.
When assessing a rent the RAC must disregard the following:
If you have applied for rent assessment within the first 6 months of an assured shorthold tenancy the RAC cannot increase your rent. However The RAC could determine a market rent higher than that which the landlord requested if you are applying following a formal notice of rent increase after the end of a fixed term tenancy or during a periodic tenancy.
If your rent is set by the RAC your landlord cannot increase the rent until after the end of the fixed term. If you do not have a fixed term tenancy your landlord can propose that the rent is increased a year after the date on which the set rent was payable, unless you agree that he can put the rent up earlier.
North Eastern Rent Assessment Panel
20th Floor
Sunley Tower
Picadily Plaza
Manchester
M1 4BE
Leeds University Union Student Advice Centre
First Floor of the Union Building
Tel:0113 3801300
Fax:0113 3801301
advice@luu.leeds.ac.uk
Please be aware that we are only able to advise current or prospective students of Leeds University.
These pages are for guidance only and are not a substitute for diverse legislation that they cover. The information was checked and correct at the time of writing.
If you have any comments or queries about this page please email advice@luu.leeds.ac.uk.
© LUU Student Advice Centre September 2004.
