Getting your rent set by the private rented housing panel (PRHP)

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

Certain types of tenants can appeal to the private rented housing panel (PRHP) if they disagree with a rent increase. The PRHP takes the place of the Rent Assessment Panel, and works in the same way.

What is the private rented housing panel?

The private rented housing panel (PRHP) has been set up by the Scottish Government to ensure that private tenants are treated fairly. The panel is responsible for:

  • setting reasonable rents for properties
  • giving tenants a means of enforcing the repairing standard.

The contact details for the PRHP office in Scotland are:

Private Rented Housing Panel
3rd Floor, 140 West Campbell Street
Glasgow G2 4TZ

Tel: 0141 572 1170
www.prhpscotland.gov.uk

Who can apply to the PRHP?

If you are unhappy with a proposed rent increase, you can apply to the PRHP to set your rent if you are:

  • a short assured tenant, or
  • an assured tenant, or
  • a Scottish secure tenant with a housing association whose tenancy began after 1989 but before September 2002.

You can appeal to the PRHP if you are unhappy with a fair rent that has been registered and you are:

  • a regulated tenant, or
  • a Scottish secure tenant with a housing association whose tenancy began before 1989.

I'm a short assured tenant - can I apply to the PRHP?

If you are a short assured tenant you can apply to the PRHP, but there are several things to bear in mind:

  • The PRHP will only determine your rent for you if there are enough similar assured or short assured rental properties in your area for them to be able to compare rent levels.
  • A new rent will only be determined if your landlord wants to charge you significantly more than the average rent in your area.
  • Your landlord can evict you fairly easily, so even if the PRHP does determine you a new, lower rent, your landlord may prefer to evict you rather than reduce the amount of rent you pay.

Should I apply?

Think carefully before applying to the PRHP. The committee is not on anyone's 'side', but is there to make sure the rent is set at a level that is fair to you and to your landlord. Therefore the PRHP may decide to put your rent up if market rents in your area are high.

Before you apply, check local advertisements for rental property to see what other landlords are charging and get advice from a housing adviser. They will be able to tell you whether you have a good claim, or whether you could be in danger of getting your rent increased.

How do I apply?

Assured tenants and ex-assured tenants

Use the following procedures if you are an assured tenant or you were an assured tenant with a housing association whose tenancy converted to a Scottish secure tenancy in September 2002:

  • If your landlord sends you an AT1(L) form notifying you of proposed changes to your tenancy terms and possibly an increase in rent, you should apply to the PRHP using an AT3(L) form.
  • If your landlord sends you an AT2 form notifying you of an increase in rent, you should apply to the PRHP using an AT4 form.

You should send the form to the Clerk of the Committee at the address above. You must do so within three months of receiving the AT1(L) or AT2 notice from your landlord. You can download copies of these forms from the PRHP website.

Remember, if you're an assured tenant, the committee can only set a market rent for you once the contractual period of your tenancy is over.

Short assured tenants

Short assured tenants should use an AT4 form to apply to the PRHP.

Regulated tenants and ex-secure tenants

If you are a regulated tenant or were a secure tenant of a housing association whose tenancy was converted to a Scottish secure tenancy in September 2002, you can appeal to the PRHP if you disagree with a rent level set by a rent officer. Read the page on fair rents to find out more about this.

Does it cost anything to apply?

Applying to the PRHP is free, but if you want to get advice from a solicitor, you won't be able to get help with legal costs.

How does the process work?

Once the PRHP has received your application, the clerk will write to you and your landlord to ask whether you would like to have a hearing, or would prefer to send in 'written representations'. If neither of you requests a hearing, you'll be asked to send in written representations, ie more information about your views on the rent and any evidence that backs this up.

Your representations will be sent to your landlord and vice versa, and you can then comment in writing on what they've said.

If you are both happy to continue without a hearing, the PRHP will make a decision about your rent based on your written representations.

However, if either you or your landlord requests a hearing, the PRHP will arrange one. You'll be given at least ten days' notice of the hearing.

What happens at the PRHP hearing?

Hearings are open to the public and are fairly informal. You have the right to attend and can be represented by a friend or an adviser.

Before the hearing, prepare what you want to say about the rent (see 'what should I say' below). An adviser can help you do this.

The PRHP will look at all the evidence and listen to the arguments of both parties. You or your representative will be given plenty of opportunity to state your case.

The PRHP will then make a decision based on the evidence. There are complex rules about factors that the PRHP can take into consideration when setting the rent. For example, they can only look at the details of the property itself, and can't take into account the personal or financial circumstances of you or your landlord. They won't lower the rent simply because you can't afford to pay it.

Will the PRHP need to visit my home?

The PRHP don't have to inspect your home before making a decision, but it is normal practice for them to do so. The visit will normally take place immediately before the hearing. You and your landlord can both attend.

What should I say?

When you're preparing to make written representations or speak at the hearing, you should think about a range of things.

  • What do you think the rent should be?
  • Why do you think this? For example, you could look at:
    • the rent levels for other similar properties in the area - check out local 'to let' advertisements to find out what these are
    • the condition of your accommodation
    • the size of the property
    • whether any services are provided by your landlord, such as cleaning
    • what the area you live in is like and whether it is convenient for local amenities or public transport
    • any major repairs or improvements that you or your landlord has carried out.
  • Do you agree with your landlord's reasons for increasing the rent? If not, why not?

How will I find out what the decision is?

The PRHP will send you and your landlord their decision by post. You will also be given a full statement of the reasons for the decision.

When will the new rent take effect?

  • If you are a short assured tenant, the new rent will start on a date specified by the committee. This can't be earlier than the date you applied.
  • If you're an assured tenant, the new rent will start on a date specified in the notice issued by the committee, or, if this will cause you undue hardship, from another date specified by the committee, up to the date of the decision.
  • If you're a regulated tenant, the new rent will start on the date of the decision, unless your landlord is a housing association, in which case, the rent officer will decide when the new rent will start.

Can my landlord put the rent up again?

Once the PRHP has determined your rent level, your landlord will have to wait at least another year before putting your rent up again. If you are a regulated tenant, the rent cannot be increased for three years unless there is a significant change in the condition of the property.

What if I'm not happy with the PRHP's decision?

If you don't agree with the PRHP's decision, you may be able to appeal to the Court of Session. You may also be able to apply to the Court of Session to carry out a judicial review to overturn the decision. These are complicated procedures and you'll need to get advice from an adviser or a solicitor if you're considering appealing against the PRHP's decision.

If you don't think the PRHP has treated you fairly, you should make a complaint using the panel's complaints procedure. If you're not happy with the outcome, you can then complain to the Scottish Public Services Ombudsman.

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