In general there have been few rent controls on private rented property since 1989. However, some remnants of the previous regime of controls remain. These primarily concern ‘regulated tenancies’ – in the main, private rented tenancies that were begun  before 15 January 1989 when the law changed.

But there are also some other controls which  have been exercised through Rent Officers employed by local authorities, the Rent Service (since April 2009 most functions have been undertaken by the Valuation Office Agency - www.voa.gov.uk  and the Residential Property Tribunal Service (www.rpts.gov.uk).

Regulated tenancies give tenants considerable security of tenure (a landlord needs to obtain a court order to end the tenancy) and also the comfort that in most circumstances their rents cannot be increased more frequently than every other year, and then only by a limited amount.

Either landlord or tenants of regulated tenancies may apply to the local rent service to have a ‘fair rent’ registered. Fair rents are those set by the Rent Service under the rules set out in the Rent Act 1977.

All fair rents are recorded in the local rent register. The Rent Service must consider:
all the circumstances except the personal circumstances of the landlord and the tenant
the state of repair of the house or flat, its character its locality and age, plus the quantity and state of furniture that is provided, and any premium lawfully paid.

It may not consider: any disrepair for which the tenant is responsible, any improvements that the tenant has made which he or she did not need to under the terms of his or her tenancy.

The Rent Service must assume there is a shortage of similar houses or flats available for letting in the area.

Once registered, the fair rent cannot be changed unless: the landlord and tenant apply jointly, there has been a change of circumstances (for example, major repairs, improvements or a change in the terms of the tenancy) or the landlord applies one year and nine months after the effective date of the existing registration. But in this case the new registration will still not take effect until the two years from the effective date of the existing registration.

Unless there is a change in circumstances, a ‘fair rent’ may only be increased to the current ‘maximum fair rent’ – arrived at by a calculation linked to the official inflation rate   plus an additional amount – introduced in recognition that in 1989 the ‘fair rent’ of regulated tenancies would have been considerably lower than an open market rent.

The maximum fair rent is calculated as: the existing registered rent, plus the percentage change in inflation measured by the Retail Prices Index (all items) since the rent was last registered, plus an additional 7.5% for the first time the rent was re-registered after January 1999 or an additional 5% for all subsequent registrations.

Disputes about the amount of fair rent are referred to the appropriate rent assessment panel  – independent tribunals of two or three people operated through the Residential Property Tribunal Service (www.rpts.gov.uk ). This is the umbrella organisation for the five regional rent assessment panels providing an independent tribunal service in England for settling disputes involving private rented and leasehold property. It can deal with rent disputes concerning controlled tenancies and assured tenancies and Housing Act appeals and applications, such as applications for and appeals against Empty Dwelling Management Orders (orders which local authorities can seek which allow them to take over the running of residential property that has been left empty for more than six months.

The five rent assessment panels covering England are:
London – 10 Alfred Place, London WC1E 7LR; telephone 020 7446 7700; covering all London boroughs.
Eastern – Great Eastern House, Tenison Road, Cambridge CB1 2TR; telephone 0845 100 2616; covering Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Hertfordshire, Oxfordshire, Suffolk, Norfolk, Northamptonshire, Luton, Milton Keynes, Peterborough, Southend-on-Sea, Thurrock and Essex.
Midland – 2nd Floor East Wing, Ladywood House, 45-46 Stephenson Street, Birmingham B2 4DH; telephone 0845 100 2615; covering Staffordshire, Shropshire, Herefordshire, Worcestershire, West Midlands, Warwickshire, Leicestershire, Derbyshire, Nottinghamshire, Rutland, Stoke-on-Trent, The Wrekin.
Northern – 20th Floor, Sunley Tower Piccadilly Plaza, Manchester M1 4BF; telephone 0845 100 2614; covering Blackburn, Blackpool, Cheshire, Cumbria, Darlington, Durham, East Riding of Yorkshire, Greater Manchester, Halton, Hartlepool, Kingston-upon-Hull, Lancashire, Lincolnshire, Merseyside, Middlesborough, North East Lincolnshire, North Lincolnshire, North Yorkshire, Northumberland, Redcar & Cleveland, South Yorkshire, Stockton-on-Tees, Tyne & Wear, Warrington, West Yorkshire, York.
Southern – 1st Floor, 1 Market Avenue, Chichester, West Sussex PO19 1JU; telephone 0845 100 2617; covering Hampshire, East and West Sussex, Surrey, Kent, Isle of Wight, The Medway Towns, Portsmouth, Southampton, Brighton and Hove, Wiltshire, Dorset, Devon, The County of Bath and North East Somerset, North West Somerset, Somerset, Bournemouth, City of Bristol, Cornwall and Isle of Scilly, Gloucester, South Gloucester, Plymouth, Poole, Swindon and Torbay.

The rent assessment panel for Wales – is at: 1st Floor, West Wing, Southgate House, Wood Street, Cardiff CF10 1EW; telephone 029 2023 1687.

The Government booklet ‘Regulated Tenancies’ can be downloaded from www.communities.gov.uk.

In general there are no appeals possible against the decision of a rent assessment panel, except to the High Court on a point of law.