• (1) Section 13 of the 1988 Act (increases of rent) is amended in accordance with subsections (2) to (8).
  • (2) In the heading for “periodic tenancies” substitute “tenancies other than relevant low-cost tenancies”.
  • (3) For subsection (1) substitute—

      “(1) This section applies to any assured tenancy other than a relevant low-cost tenancy.”

  • (4) In subsection (2)—
    • (a) in paragraph (a), for “the minimum period” substitute “two months”;
    • (b) in paragraph (b)—
      • (i) for the words before sub-paragraph (i) substitute “either”;
      • (ii) after sub-paragraph (i) insert “or”;
    • (c) in paragraph (c)—
      • (i) in the words before sub-paragraph (i), after “below” insert “, either”;
      • (ii) after sub-paragraph (i) insert “or”.
  • (5) Omit subsection (3).
  • (6) In subsection (4)—
    • (a) in paragraph (a), for “by an application in the prescribed form refers the notice to the appropriate tribunal” substitute “applies to the appropriate tribunal under section 14(A3);
    • (b) in paragraph (b) for “variation of the rent which is different from” substitute “new rent which is lower than”.
  • (7) After subsection (4) insert—
    • “(4A) The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of—
      • (a) a notice under this section or an agreement under subsection (4)(b) following such a notice,
      • (b) a determination under section 14, or
      • (c) an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination;
        and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection.
    • (4B) Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) limits any right of the landlord and the tenant
      under an assured tenancy to which this section applies to vary any term of the tenancy by agreement.
    • (4C) In this section “relevant low-cost tenancy” means—
      • (a) 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, and
      • (b) any other assured tenancy of a description specified in regulations made by the Secretary of State.
    • (4D) Regulations under subsection (4C)(b)—
      • (a) may make different provision for different purposes;
      • (b) are to be made by statutory instrument.
    • (4E) A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.”
  • (8) Omit subsection (5).
  • (9) After section 13 of the 1988 Act insert—
    • “13A Increases of rent under relevant low-cost tenancies
      • (1) This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C).
      • (2) For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than—
        • (a) one month after the date of the service of the notice, and
        • (b) in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and
        • (c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination
          under section 14, either—

          • (i) in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or
          • (ii) in any other case, the appropriate date.
      • (3) The appropriate date is—
        • (a) in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect;
        • (b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect.
      • (4) This subsection applies where—
        • (a) the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003, and
        • (b) the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect.
      • (5) Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—
        • (a) the tenant applies to the tribunal under section 14(A3), or
        • (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.
      • (6) Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy
        (including a term relating to rent).
    • 13B Challenge to validity of notice to increase rent
      Where a tenant under an assured tenancy makes an application to the appropriate tribunal, the tribunal may determine whether a notice served on the tenant under section 13(2) or 13A(2) is valid.”