Section 6 amends section 13 of the Housing Act 1988 to provide that issuing a section 13 notice will be the only valid way that a private landlord can increase the rent. The process for relevant low-cost tenancies (defined in subsection (7)(4C) and explained below) is set out in subsection (9).
	Subsection (4) amends section 13(2) of the Housing Act 1988 to provide that the minimum notice period for a rent increase will be two months. Subsection (6) amends subsection 13(4) and provides that the new rent amount will take effect two months after a section 13 notice is issued, if it is not challenged by the tenant in the Tribunal or if the landlord and the tenant agree on a different rent. If the landlord and tenant agree a different rent, this new rent must either be lower than the rent proposed in the notice, or the landlord and tenant can agree that the rent should not be varied. The Tribunal process is set out in section 14 of the Housing Act 1988.
	Subsection (7) inserts new subsections (4A), (4B), (4C), (4D) and (4E) into section 13 of the Housing Act 1988. Subsections (4A) and (4B) set out the circumstances in which rent can be increased within a tenancy. Rent can only be increased by a section 13 notice or by the landlord and tenant agreeing a lower amount than the amount proposed in the notice (but this is higher than the current rent), a determination by the Tribunal (as set out in section 14) or by agreement in writing between a landlord and tenant after a Tribunal has made a determination as set out in 14ZA and 14ZB. When agreeing the rent after a Tribunal determination, the agreed rent must be lower than that determination. This does not affect the ability of landlords and tenants to vary other terms in the tenancy by agreement, including those reducing the rent.
	New subsection (4C) of section 13 of the Housing Act 1988 defines a "relevant low-cost tenancy" as an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008, where the landlord is a private registered provider of social housing. This includes tenancies of low-cost rental accommodation as defined by section 69 of the Housing and Regeneration Act. Other tenancies offered by private registered providers of social housing besides assured tenancies are not included in the definition of "relevant low-cost tenancy". New subsections (4C(b)) and (4D) allow the Secretary of State to make regulations to include any other assured tenancy of a specified description within the definition of "relevant low-cost tenancy". Such regulations are subject to the negative resolution procedure.
	Subsection (8) omits subsection 13(5) of the Housing Act 1988. This means that all rent increases (apart from those which meet the definition of "relevant low-cost tenancy") must be undertaken via the statutory process. A landlord and tenant can agree to a downward variation of the rent at any time, including after the service of the section 13 notice or the Tribunal has made a determination.
	Subsection (9) inserts section 13A into the Housing Act 1988. This sets out how rent will be increased for private registered providers of social housing granting an assured tenancy of social housing, defined as a "relevant low-cost tenancy". Landlords of relevant low-cost tenancies will be permitted to increase the rent at any point in the first 52 weeks of a tenancy, and then once every 52 weeks thereafter, and must give one month’s notice. Those offering relevant low-cost tenancies will be permitted to increase the rent via a term in the tenancy agreement.
	Subsection (9) also inserts section 13B into the Housing Act 1988. The section allows a tenant under an assured tenancy to apply to the Tribunal to challenge the validity of a notice to increase the rent, instead of in the county court. The tenant can do this at the same time as challenging the rent. There is no requirement or power for the Secretary of State to prescribe the form which a tenant must use to make an application to the Tribunal.
Part 1: Tenancy reform Chapter 1: Assured Tenancies Section 6: Statutory procedure for increases of rent Effect