Rent Increase Rules Under the Renters' Rights Act: What Landlords Actually Need to Do

If you let a property in England, the way you put the rent up changed completely on 1 May 2026. Rent review clauses are dead. Quiet email agreements with a long-standing tenant are dead. Every rent rise — whether your tenant is delighted, indifferent or furious — now has to go through a single statutory process: a section 13 notice on the new Form 4A. Get it wrong and the increase simply doesn't take effect.

This guide explains the rent increase rules under the Renters' Rights Act in plain English: what the new process looks like, how much you can actually charge, what happens if your tenant challenges you at the First-tier Tribunal, and the pitfalls that are catching landlords out in the first weeks of the new regime.

TL;DR

From 1 May 2026, landlords in England can only increase rent on an assured periodic tenancy by serving a Form 4A section 13 notice giving at least two months' notice, no more than once every 12 months, and never in the first year. The new rent must be no more than the open market rent — what the property would let for if you re-advertised it today. If the tenant disputes the figure, they can apply to the First-tier Tribunal, which can only confirm or lower your proposed rent (never raise it) and the increase only takes effect from the date of the tribunal's decision, not the date on your notice. Rent review clauses in existing or new tenancies have no legal effect. Plan increases earlier, evidence them properly, and treat the notice as a formal legal document — not a letter.

What changed on 1 May 2026?

Under the old regime, landlords had three or four routes to put the rent up — a rent review clause in the fixed term, an agreed variation, a renewal at a higher figure, or the section 13 statutory process. All of that has been swept away. Section 6 of the Renters' Rights Act 2025 rewrites section 13 of the Housing Act 1988 and makes it the only lawful way to raise rent on a private assured periodic tenancy.

The government's Guide to the Renters' Rights Act is blunt about the intent: rent increases by any other means — including rent review clauses — are not permitted, so tenants always have a right of appeal. As Shelter's professional legal guidance now confirms, rent review clauses are not valid for private tenancies after 1 May 2026, even if they're still sitting in a contract you signed three years ago.

The practical effect for a landlord like you:

• The clause in your existing tenancy agreement that ties rent to CPI or RPI is now dead weight.
• You cannot agree a higher rent by side-letter or email and have it bind the tenant — even if they signed it.
• The minimum notice period has doubled, from one month to two.
• The tribunal can no longer set a rent above what you asked for, but in exchange it can no longer backdate the increase either.

How does the new section 13 process work?

The mechanics are straightforward — which is precisely the problem. The simplicity hides the fact that any small error makes the notice invalid and the increase falls away.

1. Check you're allowed to increase at all. You cannot raise the rent in the first year of the tenancy, and you cannot raise it within 12 months of the last increase taking effect, per the GOV.UK landlord guidance on rent increases. Strictly, the statutory test is 52 weeks from the start of the tenancy or from when the last increase took effect (section 13(2) of the Housing Act 1988). Diary the anniversary; don't trust your memory.
2. Work out a defensible figure. The new rent must be no more than the open market rent — the rent you would expect if you re-let the property today. Pull comparable lettings (not asking prices) from Rightmove, Zoopla and local agents and keep the evidence.
3. Complete Form 4A. This is the prescribed form for the new regime, published on GOV.UK. Get a single detail wrong — name, address, start date, signature — and the tenant can ask the tribunal to declare the notice invalid.
4. Serve it with at least two months' notice. The new rent date in the notice must be at least two months after service. Serve in person or by post; keep proof.
5. Wait. You don't need the tenant to agree or sign anything. If they don't challenge the notice before the new rent date, the new rent takes effect automatically.

Note step 5. Under the amended section 13, the tenant has two responses available: accept and start paying the new rent, or apply to the First-tier Tribunal before the start date. Silence is acceptance.

How much can a landlord actually increase rent under the new rules?

There is no statutory cap. The government has been explicit that it does not support rent controls and that the Act does not stop landlords raising rents in line with market prices. But there is a soft ceiling, and it bites harder than most landlords realise: the open market rent.

The GOV.UK Renters' Rights Act overview for landlords defines that as the rent you would expect to receive if you were to re-let the property on the open market today. Push above it and the tenant has a clear, cheap path to the tribunal (the application fee is £47) — and under the new rules, the tribunal can never push your figure up, only confirm it or knock it down.

So there is no percentage limit either. A 5% rise and a 15% rise are judged by the same test: is the new figure at or below what the property would let for today? A large jump is not unlawful in itself, but it is more likely to be challenged, so it needs stronger comparable evidence behind it.

That asymmetry is the most important practical change in the whole regime, and it's why ambitious 'opening offer' rent rises are a worse strategy now than they were in 2025. For a deeper walk-through of how to set a number you can defend, see our guide on how to calculate a defensible rent increase with worked examples.

The tribunal can only confirm or lower your figure. There is no upside to overreaching — only downside.

What counts as open market rent?

If a tenant challenges, the tribunal applies section 14 of the Housing Act 1988: the rent at which the property might reasonably be expected to let on the open market by a willing landlord under an assured tenancy. Section 14 also tells the tribunal to disregard:

• any increase in value from improvements the tenant carried out (other than work the tenancy obliged them to do)
• any reduction in value caused by the tenant failing to comply with the terms of the tenancy
• any effect on the rent of the tenancy being granted to a sitting tenant

Because the test is objective, your own finances don't come into it. Higher mortgage payments, rising insurance premiums, what you paid for the property or the yield you want are not evidence of market rent, however real the pressure on you. What does count is the property as it stands: location, size and layout, condition, and whether it is furnished. Outstanding repairs, a dated kitchen or tired decor pull the figure down, because a new tenant would pay less for it today — keeping on top of your repair and maintenance obligations is part of supporting the rent you propose. When you line up comparables, adjust honestly for real differences such as bedrooms, outside space, parking and a busy road versus a quiet street.

A worked example

Take a 2-bed terrace in Bolton currently let at £825 pcm. The tenancy began in March 2024, the last increase was in April 2025, and comparable 2-bed terraces on the same street are letting for £900–£950 pcm.

• Earliest valid increase date: April 2026, so any time from May 2026 is in bounds.
• Defensible market range: £900–£950, evidenced by three comparable lettings within half a mile.
• Landlord serves Form 4A on 1 July 2026 proposing £935 from 1 September 2026 (two months' notice).
• Tenant does nothing. The new rent kicks in on 1 September 2026. Done.

Now run the same scenario with a landlord who proposes £1,050 — well above the £900–£950 comparables. The tenant applies to the tribunal. Three months later, the tribunal sets the open market rent at £920. The new rent only applies from the start of the first rent period on or after the tribunal's determination — not the September date on the notice — and the landlord has lost a few hundred pounds of rent uplift compared with the conservative figure, plus the time and stress of a hearing. The ambitious number was worse than the realistic one.

What happens if the tenant challenges at the First-tier Tribunal?

The tenant has until the new rent start date to apply to the First-tier Tribunal (Property Chamber) for a market rent determination. Under the GOV.UK guidance on applying for an open market rent determination, the application fee is £47 (with fee help available for low-income tenants), and the tribunal will assess what the property would let for on the open market — looking at comparables, condition, repairs and amenities. The government has announced that HMRC's Valuation Office will take over decisions on rent-increase challenges from the tribunal (GOV.UK announcement); no date has been set and legislation is needed, so for now challenges still go to the First-tier Tribunal.

The table below summarises the key shift in tribunal risk:

The headline for landlords: the upside is capped, the downside is delayed cashflow, and an invalid notice can now be killed in the same forum that decides the rent. If you want to understand the hearing itself, our companion piece on preparing for a First-tier Tribunal rent increase walks through the evidence, the comparables and the day itself.

What are the most common pitfalls landlords are hitting?

Three are showing up repeatedly in the first weeks of the new regime:

1. Relying on a rent review clause. It doesn't matter what your tenancy agreement says — for private tenancies, those clauses now have no effect. Serve Form 4A or no increase takes place.
2. Forgetting the 12-month rule. The clock runs from when the last increase took effect, not when notice was served. A short-cut increase ten months after the last one is invalid.
3. Treating Form 4A as optional paperwork. A typo on the start date or the wrong address makes the notice invalid. Tenants now challenge validity at the tribunal directly, in the same application as the rent.

For the granular detail on getting Form 4A right, see our deep dive on the section 13 rent increase notice under the new rules. For the wider context of how rent increases sit alongside the Act's other changes — pet requests, deposit rules, ombudsman membership — start with our Renters' Rights Act 2025 landlord overview.

Frequently Asked Questions

How often can a landlord increase rent under the Renters' Rights Act?

Once a year: the new rent cannot start earlier than 52 weeks after the tenancy began or after the last increase took effect — not from when you served notice (section 13(2) of the Housing Act 1988). According to GOV.UK landlord guidance, this applies whether the previous increase came via a section 13 notice or a (now-defunct) rent review clause in a tenancy that pre-dates 1 May 2026.

Can my tenant just refuse a section 13 rent increase?

No — refusal alone has no legal effect. The tenant's only formal response is to apply to the First-tier Tribunal before the new rent start date. If they don't apply, and the notice is valid, the new rent takes effect automatically on the date in the notice. Silence is acceptance.

If the tenant then carries on paying the old amount, the shortfall is rent arrears and you pursue it in the usual way. Section 21 is no longer available, so if arrears build up, possession would have to be sought on a section 8 ground such as Ground 8 (serious rent arrears).

Can I increase rent by more than 10% in one go?

Yes, provided the new rent is no more than the open market rent. There is no percentage cap in England. The tribunal asks whether your figure matches what the property would let for today, not whether the percentage looks reasonable in isolation — but a big jump is more likely to be challenged, and the tribunal can only confirm or lower it, so have solid comparable evidence before you serve.

Can I increase the rent because my mortgage or costs have gone up?

Rising costs may be why you want an increase, but they don't justify the figure. Under section 14 of the Housing Act 1988 the tribunal looks only at what the property would let for on the open market. Your mortgage, insurance, purchase price or target yield are irrelevant to that test. If market rents in your area haven't moved, higher costs alone won't support an increase that survives a challenge.

Can the tribunal increase the rent above what I asked for?

No. Under the amended section 13 of the Housing Act 1988, the tribunal cannot set a higher rent than the figure on your Form 4A. It can confirm it, lower it to the open market rent, or rule the notice invalid. This is a deliberate change so tenants can challenge without risking a higher rent — and a strong reason for landlords to propose a defensible figure first time.

Are rent review clauses still valid in private tenancy agreements?

No, not for private rented sector tenancies in England from 1 May 2026 onwards. Rent review clauses in both existing and new agreements have no effect. Section 13 via Form 4A is the only lawful route to increase rent, even where you and the tenant would happily agree the same number informally.

What if I served the old Form 4 before 1 May 2026?

A valid old Form 4 served before 1 May 2026 still applies under the old rules — including the old one-month minimum notice period — even where the new rent takes effect after that date. The tenant can still challenge it at the tribunal under the old rules. Anything served from 1 May 2026 onwards must be on the new Form 4A.