You need to be aware of the rules governing rent increases and deposits, including the ‘ring-fencing’ of tenants' deposits (also known as ‘contract holders’ deposits’ in Wales) so that they have to be kept separate from your regular rental income. For the avoidance of doubt, references to ‘tenants’ also apply to ‘contract holders’ unless otherwise specified. Read this guide to find out more about rents, deposits and utilities.
The rent will be the market rent for similar properties in the local area.
The tenancy agreement (including occupation contracts in Wales) will fix the rent for an initial period and the rent cannot be increased during this time.
Each rent demand given to the tenant must specify the name and address of the landlord.
The rent cannot be increased during the initial fixed period.
If you want to increase the rent at a later date in line with market conditions, you can end the tenancy unless the tenant agrees to an increase. For more information, read Private renting rent increases.
If the tenant does not agree, you can either accept the position or end the tenancy by issuing a Section 21 (Form 6A) notice.
If you’re a landlords in Wales you can increase the rent. However, the process depends on the type of occupation contract you have in place.
For secure contracts and periodic standard contracts, you can only increase the rent once per year. To do this, you must use the correct form giving the contract holder at least two months’ notice.
For standard occupation contracts, you can increase the rent if the contract holder agrees to the increase or by virtue of a rent increase provision included in the contract.
For more information, read Variations of rent in Wales.
If you’re a landlord in Scotland with a private residential tenancy, you can only increase rent once per year. To do so, you must give at least three months' notice and use the correct form. If your tenant thinks the increase is unfair, they can apply to the Private Renting Housing Panel to set a fair rent. A private residential tenancy can only be terminated if one of the 18 grounds for eviction applies. For more information, read Private renting rent increases in Scotland.
It is a good idea to ask the tenant to pay a deposit at the start of the tenancy to cover cleaning, breakage and damage that may occur during the tenancy.
The maximum level of tenancy deposit you can ask a tenant to pay depends on the total annual rent for the property:
up to five weeks’ rent if the total annual rent for the property is less than £50,000
up to six week’s rent if the total annual rent for the property is £50,000 or above
In England and Wales, deposits taken by landlords of assured shorthold tenancies or occupation contracts (with rent up to £100,000 per annum) must comply with the tenancy deposit protection scheme.
The Government-backed schemes are:
The schemes contain an Alternative Dispute Resolution (ADR) service which is free of charge. A dispute will only go to court if both landlord and tenant cannot agree to use the ADR service.
You will also need to provide the tenant with certain prescribed information.
In Scotland, a deposit must not be more than two months' rent. If you take a deposit from your tenant, it must be paid into an approved deposit protection scheme. This must be done within 30 working days of the tenancy start date. The Government-approved schemes are:
For more information, read Deposit protection schemes.
Once a deposit has been registered, you will also need to provide the tenant with certain prescribed information.
Collecting the rent and any additional outgoings will be set out in the tenancy agreement but some practical steps you should consider include: