Local authority rent increases

Summary

The requester asked about the legality and Tynwald approval of local authority rent increases and five-year tenancy agreements. The Department of Infrastructure confirmed the legal basis for these practices but stated that social housing rent charges do not require Tynwald approval.

Key Facts

• Douglas Borough Council is best suited to answer questions regarding the correct application of the Fixed Term Tenancy Policy.
• The Landlord and Tenant Act 1954, Section 4(1) permits landlords to operate tenancies for any fixed period.
• Rent increases are authorized by the Housing Act 1955, Local Government Act 1985, Isle of Man Government Financial Regulations 2020, and a 1999 Tynwald resolution.
• Rent charges for social housing are not subject to Tynwald approval.
• The Department of Infrastructure does not hold specific information on whether rent increases were carried out correctly on Douglas Corporation properties.

Data Disclosed

• 2022-09-20
• 2022-10-10
• 2644460
• 1954
• 1955
• 1985
• 2020
• 1999
• Section 4(1)
• 5 year

Original Request

1) Can you please tell me if the rent increases have been carried out correctly on local authority properties Douglas Corporation in particular. 2) Are the five(5) year agreements legal. 3) Are the rent increases legal. 4) Were any of the changes/increases put before Tynwald bearing in mind the size of the policy. 5) If not why not?.

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 2644460 10 October 2022

Dear ###

We write further to your request which was received on 20 September 2022 and which states:

"1) Can you please tell me if the rent increases have been carried out correctly on local authority properties Douglas Corporation in particular. 2) Are the five(5) year agreements legal. 3) Are the rent increases legal. 4) Were any of the changes/increases put before Tynwald bearing in mind the size of the policy. 5) If not why not?."

Our response to your request is as follows: 1) Douglas Borough Council have been applying the Fixed Term Tenancy Policy and as such they are best suited to answer this question. 2) Yes, the Department understands that the Landlord and Tenant Act 1954, Section 4(1) permits a landlord to operate a tenancy for any fixed period of time. 3) Yes, the Department understands that rent increases are allowed for by the Housing Act 1955, the Local Government Act 1985, the Isle of Man Government Financial Regulations 2020 and a Tynwald resolution made in 1999. 4) No, rent charges for social housing are not subject to Tynwald approval. 5) See answer to Question 4.

Please quote the reference number 2644460 in any future communications.

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Yours sincerely

FOI Response Team