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As a tenant you pay rent to your landlord in return for living in your home. In certain circumstances it is possible for landlords to increase the rent. This section explains when and how rent can be increased and what you can do if you disagree with the rent increase.

The rules controlling how and when your landlord can increase your rent depend on the kind of tenancy you have. If you're not sure what kind of tenancy you have, you can check here.

When can my rent be increased?

Some tenants live in their homes for years without the rent being increased. However, your rent can be increased at any time if you agree to it.

Otherwise, if you don't agree to a rent increase, your landlord may only be able to increase the rent at certain times. There may be a limit to how often your landlord can increase the rent, or your landlord may have to follow a specific procedure for the increase to be legal.

Here are the general rules:

• If your tenancy is for a fixed period of time, such as six months or a year, your landlord cannot increase the rent until that fixed period ends. The only exceptions to this are if you agree to the increase or there is a clause in your agreement saying that the rent will be increased.
• If your landlord wants to increase your rent, they must give you notice. Usually they should let you know at least a month in advance when your rent is going to go up.

How much can it be increased by?

There is a limit to the amount that some rents can be increased by. This depends on the type of tenancy you have. Sometimes tenancy agreements contain information about rent increases, such as when rent will be increased and by how much.

Scottish secure and short Scottish secure tenants

If you rent your home from the council or a registered social landlord, your rent will probably be lower than that charged by a private landlord. Your landlord has the right to increase the rent whenever they see fit, but they should not usually do so more than once year.

Assured and short assured tenants

Most private tenants are assured or short assured tenants. Landlords of these types of tenancies charge 'market rents'. A market rent is the amount of money that tenants in that area are prepared to pay. Market rents are affected by the availability and cost of other similar accommodation in the area, and vary according to the size, standard and location of the property.

It may be worth negotiating with your landlord to try to agree a lower rent increase in return for not having to re-let the property. Alternatively your landlord may agree to increase the rent in stages over a period of time.

If the rent increase is too high and you cannot get your landlord to agree to a cheaper rent, you may have to look for alternative accommodation. However, if you think the rent is unreasonably high compared to the rents for similar properties in the area, you can apply to the private rented housing panel (PRHP), which can set a market rent for you (see 'can I challenge the rent increase' below).

Regulated tenants

Landlords of regulated tenancies charge 'fair rents'. Fair rents are set by rent officers. There is a limit to how much these rents can be increased by. Read the page on fair rents to find out how this process works.

Other tenants

For other tenants such as people who share accommodation with their landlord, there are no rules about how much rent can be increased by. It may be worth negotiating with your landlord. Your landlord may agree to a lower rent increase in return for not having to re-let the property. Alternatively your landlord may agree to increase the rent in stages over a period of time.

If the rent increase is too high and you cannot get your landlord to agree to a cheaper rent, you may have to look for alternative accommodation.

What does the landlord have to do?

The procedure that your landlord has to follow in order to increase your rent depends on what sort of tenancy agreement you have.

Scottish secure and short Scottish secure tenants

If you rent your home from the council or a registered social landlord, your landlord must give you at least four weeks' notice before increasing the rent. In addition, they must consult you before increasing your rent and should always take your views into account.

If you used to be a secure tenant of a housing association, ie you have been a tenant with the housing association since before 1989, and your tenancy was converted to an SST in September 2002, you will have additional rights:

• If you think your rent is too high, you have the right to have a fair rent determined by a rent officer.
• If you disagree with the rent officer's decision, you have the right to go to the private rented housing panel, which can decide whether the proposed increase is fair (see 'can I challenge the rent increase' below).

Assured tenants

Your rent cannot be increased during the fixed term unless you agree to it or your tenancy agreement says it will be increased. After any fixed term expires your rent can be increased if:

• your tenancy agreement contains a procedure for rent increases which your landlord follows (this is unusual)
• your landlord gives you a written notice of the proposed increase on an AT2 form (they can only give you one AT2 notice per year)
• your landlord gives you a written notice to change the terms of your tenancy, including the rent charged, on an AT1(L) form (they can only give you an AT1(L) notice after serving you with a notice to quit).

You can download examples of the AT2 and AT1(L) forms here.

The amount of notice your landlord gives before the rent increase takes effect must be at least one rental period (so if you pay your rent monthly, you must receive at least one month's notice before your rent goes up). If you landlord wants to change other terms of your tenancy, they must give you at least three months' notice.

Short assured tenants

If you have a short assured tenancy, your landlord can increase the rent when they renew your tenancy agreement at the end of the fixed term of the let. However, they can't increase the rent during the fixed term.

It can be difficult to challenge the increase, as your landlord can evict you quite easily if you don't agree to pay it.

Regulated tenants

If you are a regulated tenant, your landlord can only increase your rent by following the specific procedure for registering a fair rent - the page on fair rents has more information. If you disagree with the fair rent that has been registered, you can appeal to the private rented housing panel (see 'can I challenge the rent increase' below).

Other types of tenants

Landlords of all other types of tenants do not have to follow specific procedures to increase the rent. In most cases, the rent can be increased at any time after a fixed term has ended.

What if my landlord doesn't follow the correct procedure?

If your landlord doesn't follow the correct procedure to increase the rent, you won't have to pay the increase, only the amount you were paying before. It's important to check with a housing adviser first if you don't think your landlord has followed the correct procedure. This is because:

• if you're mistaken and the landlord is following the correct procedure, you'll be building up rent arrears and your landlord could evict you
• if you're right and your landlord is not following the correct procedure, by paying the increased amount you're implying that you have agreed to the rise in rent.

Use the Advice Services Directory to find agencies in your area.

Can I challenge the rent increase?

If you think the rent increase is unreasonably high, you may have the right to go to the private rented housing panel (PRHP) if you:

• are an assured tenant
• are a regulated tenant
• were an assured tenant of a housing association and your tenancy was converted to a Scottish secure tenancy in September 2002.

If you are a short assured tenant, you have the right to apply to the PRHP, but be careful - your landlord may choose not to renew your tenancy at a lower rent.

You can appeal to the PRHP about a fair rent that has been registered if you:

• are a regulated tenant
• were a secure tenant of a housing association and your tenancy was converted to a Scottish secure tenancy in September 2002.

Will my housing benefit be affected?

Changes to your rent will affect your housing benefit. If you are claiming housing benefit and your rent is increased, you should inform the council housing benefit department straight away. You will have to provide evidence of the rent increase. This could be a letter from your landlord or a written decision from the PRHP.

The council will reassess your housing benefit claim and inform you of your new entitlement. If this does not cover the whole of your rent, and you can't pay the rest yourself, get advice. An adviser will be able to tell you whether the council has assessed your situation properly. Use the Advice Services Directory to find agencies in your area.