undue hardship
📖 What is undue hardship? Meaning and definition
In the context of UK tenancy law, particularly concerning assured tenancies, 'undue hardship' is a ground that allows a First-tier Tribunal (Property Chamber) to postpone the start date of a new rent. When a landlord issues a Notice of Increase, the new rent typically takes effect from the date specified in that notice. However, if a tenant can demonstrate to the Tribunal that paying the increased rent from that date would cause them undue hardship, the Tribunal has the discretion to set a later starting date for the new rent.
This discretion allows the Tribunal to fix a new start date up to the point when the Tribunal makes its determination. The purpose is to provide a buffer for tenants who might struggle financially or personally with an immediate rent hike. The Tribunal considers the evidence provided by the tenant to assess whether the increase would indeed be significant and cause hardship.
Examples of circumstances that tenants have put forward to support claims of undue hardship include having child maintenance obligations for multiple children, being in receipt of Universal Credit, having several dependent children, recent experiences of domestic abuse, or going through divorce proceedings, which could put their household at risk of housing instability. The landlord's response to such an application for postponement due to hardship is also noted by the Tribunal, though a lack of response does not prevent the Tribunal from considering the tenant's claim. The Tribunal weighs the evidence to decide if the increase, if effective from the landlord's specified date, would cause the tenant undue hardship.
📋 Requirements
- The new rent takes effect from the date specified in the Landlord’s Notice of Increase.
- The tenant must apply to the Tribunal to fix a later starting date.
- The tenant must provide evidence to the Tribunal demonstrating that the immediate increase would cause undue hardship.
- The Tribunal must be satisfied that undue hardship would occur if the rent increase took effect from the landlord's specified date.
📝 Procedure
- The landlord issues a Notice of Increase specifying a new rent and its effective date.
- The tenant applies to the Tribunal, requesting a later starting date for the new rent.
- The tenant provides evidence to the Tribunal to support their claim of undue hardship.
- The Tribunal considers the evidence from the tenant and any response from the landlord.
- The Tribunal determines if undue hardship would be caused and, if so, exercises its discretion to fix a later starting date for the new rent, up to the date of its determination.
💡 Examples
- A tenant with four children and child maintenance payments successfully argued undue hardship to postpone a significant rent increase.
- A tenant receiving Universal Credit, with three dependent children, and experiencing domestic abuse and divorce proceedings, claimed undue hardship to delay a rent increase that would risk housing instability.
- The Tribunal determined that a tenant would suffer undue hardship if required to pay a new market rent of £625 per calendar month from the date specified in the landlord's notice, and therefore set a later effective date.
- An increase of £150 a month was deemed significant enough for a tenant to claim undue hardship, leading the Tribunal to consider a postponement of the effective date.
❓ Frequently asked questions
What does 'undue hardship' mean for my rent?
It means that if a new rent increase would cause you significant difficulty, a Tribunal might allow the increase to start later than the date your landlord originally specified.
When can I claim undue hardship?
You can claim undue hardship when your landlord has issued a Notice of Increase for your rent, and you believe paying the new rent from the specified date would cause you significant difficulty.
What kind of reasons count as undue hardship?
Reasons can include significant financial burdens like child maintenance payments, being on benefits like Universal Credit, having dependent children, or experiencing personal difficulties such as domestic abuse or divorce proceedings that could affect your housing stability.
Who decides if I'm suffering undue hardship?
The First-tier Tribunal (Property Chamber) decides this. They will review the evidence you provide to support your claim.
How much can the rent increase be delayed?
If the Tribunal agrees you would suffer undue hardship, they have the power to set a later start date for the new rent, up to the date they make their determination.
Do I need to inform my landlord about my hardship claim?
While the Tribunal will consider your landlord's response, the primary action is to apply to the Tribunal with your evidence. The Tribunal will be aware if your landlord has not responded to your application for postponement.