Private tenancies

Before you move into a privately rented home or sign an agreement, you should ask your landlord or letting agent to confirm in writing:

* how much rent you will pay and what it includes. Check whether the rent includes bills and Council Tax and decide whether you can afford it before you sign any agreement.

* when you should pay. Rent is usually paid weekly or monthly in advance, with the first payment due when you move in.

* how you should pay. Your landlord may prefer you to pay by standing order, cheque, or cash. If you pay cash, always make sure you are given a receipt.

* any clauses that are in your tenancy agreement, which allow the rent to be increased.

If you pay a weekly rent, your landlord is legally obliged to give you a rent book, unless your rent includes a substantial proportion for food and other services. Rent books must include:

* the name and address of the landlord, and the landlord's agent if they have one

* the rent payable

* information about your rights to protection from eviction

* information about your right to claim Housing Benefit

* information about agencies who can give you further advice.

Some private 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. Even if you don't agree to it, most tenants will find it difficult to argue against rent increases. Some tenants, such as those with regulated (protected) and assured tenancies, will have more rights, however.

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 on how often your landlord can increase the rent. Your landlord may also have to follow a specific procedure for the increase to be legal. The rules depend on the type of tenancy you have.

If your tenancy is for a fixed period of time (known as 'fixed term'), such as six months or a year, your landlord cannot increase the rent until the fixed term ends. The only exceptions to this are if you agree to the increase (using a special form if you are a regulated tenant) or there is a clause in your agreement saying that the rent will be increased.

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, itemising when the rent will be increased and by how much.

If you are an assured shorthold tenant your landlord will be charging you a 'market rent'. Market rents are affected by the availability and cost of other similar accommodation in the area, but, in reality, if your landlord wants to increase your rent, you don't have very much power to stop them.

If you think your rent increase is too high, as an assured shorthold tenant you have the right to apply to the Rent Assessment Committee (RAC) during the fixed term of your tenancy. However, since assured shorthold tenants don't have very strong rights, your landlord may prefer to evict you rather than reduce the amount of rent they want to charge.

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.

Assured tenants pay 'market rents'. Market rents are affected by the availability and cost of other similar accommodation in the area. Assured tenancies provide a high level of security and your landlord has to follow certain procedures for increasing your rent.

If your tenancy started before 15 January 1989 you may have a 'regulated' or 'protected' tenancy. Regulated or protected tenants have a high level of security and are entitled to 'fair rents'. A fair rent is an amount of rent that a rent officer or Rent Assessment Committee sets as the maximum that your landlord can charge.

Fair rents can normally be increased once every two years. They can usually only be increased by a certain amount that is calculated using a formula. If your landlord has made substantial improvements to your home, the rent increase may be higher.

In most cases, if you are a tenant living with your landlord, or a licensee, your landlord can charge you any rent they want and you have no right to challenge this nor any subsequent rent increases, unless you are able to negotiate with your landlord.

If you have a written agreement outlining how the rent can be increased, and your landlord tries to increase your rent without following the procedure in this agreement, they may be in breach of contract. However, licensees and tenants with a resident landlord have very limited rights and can be evicted easily. It is important that you consider the situation very carefully before taking any action and, if you are in this position, consult an adviser, using our advice services directory to find one in your area.

A small number of tenants of resident landlords, who moved in before 15 January 1989, may have a 'restricted contract' tenancy. If you have such a contract, you may have the right to a reasonable rent being set by the Rent Assessment Committee. Again, speak to an adviser if you think you may be in this situation.

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

If you have an assured shorthold tenancy, many landlords will increase the rent when they renew your tenancy agreement. It can be difficult to challenge the increase - your landlord can evict you quite easily if you don't agree to pay it.

For assured tenants, your rent cannot be increased during the fixed term of your tenancy 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 (this is unusual) that your landlord follows

* your landlord gives you written notice of the proposed increase

* your landlord gives you written notice of making a change to the terms of your tenancy.

The amount of notice your landlord gives you before the rent increase takes effect must be at least one rental period (usually one month). Notice of changing any other terms of your tenancy must give you at least three months' warning.

When the landlord tries to increase the rent, you have the right to apply to a Rent Assessment Committee to set a market rent in some circumstances.

The rent paid by regulated tenants can only be increased by following the specific procedure for registering a fair rent. The procedure is that a landlord or tenant can apply to have a fair rent registered by the rent officer. They can only be re-registered every two years. There is a limit to the size of the increase each time. If you disagree with the fair rent that has been registered you can appeal to a Rent Assessment Committee.

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 the fixed term of the tenancy has ended.

If you are claiming Housing Benefit (HB) and your rent is increased, you should inform the council's Housing Benefit department straightaway. You will need to provide evidence of the rent increase. This could be in the form of a letter from your landlord or a written decision from the RAC.

The council will reassess your HB claim and inform you of your new entitlement. If your new entitlement does not cover the whole of your rent, get advice.

Council tenancies

Your tenancy agreement will tell when you should pay your rent, and the council will give you rent statements, showing how much rent was due and how much rent was paid. It may be possible to pay your rent in different ways, such as in person or through your bank. Your rent may also include charges for water rates or services, such as heating or the use of a garage. Ask the council exactly what it includes.

Your rent should always be your top financial priority, because you could lose your home if you don't pay it. You may be able to claim Housing Benefit if you are on benefits or have a low income. Ask your council office for an application form as soon as possible, if you need to claim. If you need extra financial help, you may be able to get a discretionary housing payment. An adviser can help you work out what you're entitled to.

If you're struggling to pay your rent, or you have already fallen behind, contact an independent adviser straightaway. This is especially important if you have a demoted or introductory tenancy, because you can be evicted much more easily than other tenants. It is often possible to sort things out if you act quickly. If you don't do anything, the situation is likely to get worse and you might risk losing your home.

Check your tenancy agreement to see what it says about how the rent can be increased. The council normally has to give you written notice first, and should give you at least four weeks' notice. It is very difficult to challenge rent increases if you rent from the council, even if they seem unfair. But if you decide you want to challenge a rent increase, contact a citizens advice bureau or Housing Aid Centre for advice first.

Housing association tenancies

The amount of rent you pay should not go up more than once a year, unless by mutual agreement, and you should always be given at least four weeks' written notice. You may also have to pay service charges to maintain communal areas and, again, you must be given details about what these charges cover and how much they are, as well as being given written notice of any increase.

If you were a council tenant and your home was transferred to a housing association, you may have been given a rent guarantee. In this situation, your housing association cannot put your rent up above the amount specified in the guarantee. The guarantee may run out after a certain amount of time, so check to see what it says.

If you think your rent has been increased unfairly, you may be able to appeal to the Rent Assessment Committee (RAC). You must apply for an appeal before the date that your rent is due to increase. However, the RAC can put rents up as well as down if it considers your rent is too low.

Your rent should always be your top financial priority - even if you have other debts - because you could lose your home if you get into rent arrears. If you have a starter or demoted tenancy you must be especially careful to pay your rent on time, because your tenancy status makes it easier for you to be evicted.

Make sure you tell your housing association immediately if you are having difficulty with either rent or service charges, because it should give you help and information about benefits that you could be eligible for. If you are claiming benefits or are on a low income, you may be eligible for Housing Benefit to help you pay the rent.

Rent Assessment Committees

Most housing association and private tenants have the right to challenge rent increases through the Rent Assessment Committee (RAC). If you are an assured shorthold tenant, an occupier with basic protection or an excluded occupier, you may be able to

challenge your rent, but remember you can be evicted easily, so get advice before going to the RAC. It is also hard to challenge rent increases if you are a council tenant. Get advice locally, using our advice services directory to find an agency near you, before taking action.

RACs exist to set 'market rents' for assured and assured shorthold tenants, and to hear 'fair rent' appeals for regulated or protected tenants. The RAC is usually made up of three people: a lawyer, a property valuer, and a lay person.

Details about the RAC covering your area can be obtained from your local council. Application forms are available from the RAC offices, legal stationers, and advice centres.

Once the RAC has received an application from you or your landlord for an assessment of rent, it serves a notice on both parties, allowing for an opportunity to reply in writing or request an oral hearing. The RAC will give you and your landlord notice if there is to be a hearing. Hearings take place in public and both you and your landlord have the right to be represented by a barrister, a solicitor, or another expert such as a housing adviser. It is worth finding someone to represent you.

Both you and your landlord will have the opportunity to give evidence, call upon witnesses, and question the other side. The RAC should give both parties copies of any documents used as evidence at the hearing. Decisions made by the RAC must be given in writing and sent to both you and your landlord. In some cases, appeals against a RAC's determination can be made to the county court. If you want to appeal, get advice from a local advice agency.