Many Glaswegians will be feeling the pinch as the cost of living continues to soar in the coming months.
Rising fuel costs, shopping bills and petrol prices are just some of the ways households will be hit in the pocket.
Another is paying for your home; Living Rent is reporting an increasing number of members coming to them for help over soaring rent in the city.
Glasgow Live reported how one Dennistoun resident was asked for nearly a quarter extra in rent over text with less than two months' notice, which she branded a "slap in the face."
How big is the problem?
Around 340,000 households rent privately in Scotland – making up around 15 per cent of the country's homes.
Average rents for two-bedroom properties have also increased above inflation in ten out of 18 areas in Scotland compared with 2020, according to official figures from the Scottish Government last year.
Over the longer term, average rents in Greater Glasgow increased above the rate of inflation between 2010 and 2021 across all property sizes.
One study from Rightmove found the cost of renting in Glasgow has increased by 10 per cent since the coronavirus pandemic began alone.
So, you've been living in rented accommodation for a while your landlord wants to increase the rent. What can you do?
Here's what you need to know according to Shelter Scotland...
When can my rent be increased?
Generally speaking, if your tenancy is for a fixed period of time, such as six months or a year, your landlord cannot increase the rent until the fixed period ends.
The charity said 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 put up 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 be increased.
The procedure for increasing rent
The process that your landlord has to follow in order to increase rent depends on what sort of tenancy you have. You can find out on Shelter's tenancy checker.
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 the rent increase. They must also 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 and your tenancy was converted to an Scottish secure tenancy 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 Housing and Property Chamber, which can decide whether the proposed increase is fair.
Private residential tenancies
If your landlord wants to increase your rent they must:
- send you a rent increase notice
- give you 3 months warning of the change
If your landlord does not use this notice, the rent increase is not valid. Here is an example of the rent increase notice.
Your rent can only be increased once every 12 months. However, your landlord can increase your rent during the first year of your tenancy.
If you do not agree you can challenge a rent increase online. You have 21 days from getting a rent increase notice to submit your challenge.
Shelter said you can also download a rent increase referral form (PDF, 275 KB) and send it by post. The details of where to send it are on the form.
Assured tenants
Rent increases cannot happen during the fixed term unless you agreed to it or your tenancy agreement says it will be increased. After any fixed term expires rent can be increased if:
- your tenancy agreement contains a procedure for rent increases which your landlord follows
- 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
Here are examples of the AT2 and AT1(L) forms.
Your landlord must give the equivalent of one rental period in notice before the rent increase takes effect. So if you pay your rent monthly, you must receive at least one month's notice before your rent goes up.
If you disagree with the rent increase, you can apply to the Housing and Property Chamber. You must do this within three months of getting the AT1(L) or AT2 notice from your landlord.
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 – but they can't increase the rent during the fixed term.
This can be difficult to challenge as your landlord can evict you quite easily if you don't agree to 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. If you disagree with the fair rent that has been registered, you can appeal to the Housing and Property Chamber.
Other types of tenants
Landlords of all other types of tenants do not have to follow precise 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?
Shelter say it's important to determine whether or not your landlord has not 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 if you don't pay the increase in rent, and your landlord could evict you
- if you're right and your landlord is not following the correct procedure, by paying the increase in rent you're implying that you have agreed to the rise in rent.
Can I challenge the rent increase?
If you think the rent increase is too high, you may have the right to go to the Housing and Property Chamber if you:
- are an assured tenant
- are an short 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, be careful - your landlord may choose not to renew your tenancy at a lower rent. if you go to the Housing and Property Chamber.
You can appeal to the Housing and Property Chamber 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?
If you are claiming housing benefit and your rent is increased, you should inform the council housing benefit department straight away, Shelter Scotland said.
You will have to provide evidence of the rent increase. This could be a letter from your landlord or a written decision from the Housing and Property Chamber.
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.
If you think you need to talk to someone about your situation, you can get help on Shelter Scotland's website.
