Section 13 Rent Increases Under the Renters' Rights Act: What's Changed

Rent Increases in a New Legal Landscape

One of the most significant practical consequences of the Renters' Rights Act 2025 is the change to how landlords can increase rent. With fixed-term tenancies abolished and all assured tenancies becoming periodic, the contractual rent review clause — the mechanism many landlords relied on — is being replaced by a single, standardised process.

From 1 May 2026, the Section 13 notice becomes the only lawful route for increasing rent on assured tenancies in England. Understanding how it works is essential for every private landlord.

You can still increase your rent — but you must follow the statutory process, and your tenant has the right to challenge any increase they consider unreasonable.

Why the Rules Have Changed

Under the old framework, most assured shorthold tenancies in England included a rent review clause that allowed landlords to propose an increase at the end of a fixed term, or at set intervals during the tenancy. If the tenant disagreed, the landlord could simply decline to renew and serve a Section 21 notice.

That dynamic has been removed. With no fixed terms and no Section 21, rent increases cannot be used as a backdoor eviction tool. The Act channels all rent adjustments through Section 13 of the Housing Act 1988, as amended.

How the Section 13 Process Works

The Section 13 rent increase process is straightforward, but each step must be followed precisely. An invalid notice is unenforceable.

1. Determine the new rent. Decide on the amount you wish to charge. It must be a market rent — what the property would reasonably fetch on the open market in its current condition, without accounting for tenant improvements.
2. Serve the prescribed notice. Use the correct form (currently Form 4, though a revised version may be issued for the new regime). The notice must state the current rent, the proposed new rent, and the date from which the increase takes effect.
3. Give the correct notice period. For monthly periodic tenancies, you must give at least two months' notice. The increase cannot take effect sooner than 12 months after the tenancy began or 12 months after the last rent increase.
4. Wait for the tenant's response. The tenant may accept the increase, negotiate informally, or refer the notice to the First-tier Tribunal (Property Chamber).
5. If no referral is made, the new rent takes effect. On the date specified in the notice, the increased rent becomes payable.

Key Restrictions on Rent Increases

The Renters' Rights Act introduces several safeguards that limit when and how rent can be increased.

Once Per Year

You can only increase the rent once in any 12-month period. This is measured from either the start of the tenancy or the date the last increase took effect.

No Increases in the First 12 Months

For new tenancies created after 1 May 2026, you cannot serve a Section 13 notice that takes effect within the first 12 months. The earliest an increase can take effect is 12 months after the tenancy start date, and you need to give two months' notice, so the earliest you can serve the notice is 10 months in.

Market Rent Only

The proposed rent must reflect the open market rent for the property. You cannot use a rent increase to recover costs that are unrelated to the property's market value — for example, you cannot inflate the rent to cover a fine you received for non-compliance.

For a deeper look at how much you can realistically increase rent, see our guide on rent increase limits for landlords.

The Tenant's Right to Challenge

This is the provision that concerns many landlords — but it should not. The First-tier Tribunal (Property Chamber) provides a fair and independent assessment of what the market rent should be.

How the Referral Works

If the tenant disagrees with the proposed increase, they can refer the Section 13 notice to the Tribunal before the date the increase is due to take effect. The Tribunal will then determine the market rent for the property.

What the Tribunal Considers

The Tribunal will assess:

• The condition and location of the property
• Comparable rents for similar properties in the area
• The age, character, and state of repair of the property
• Any furniture provided by the landlord

The Tribunal disregards any increase in value attributable to improvements carried out by the tenant.

The Tribunal Can Go Higher

A critical point that many landlords overlook: the Tribunal is not limited to choosing between your proposed rent and the current rent. It determines the market rent independently. In principle, the Tribunal could set the rent higher than what you proposed — though in practice this is uncommon.

Changes Under the Act

The Renters' Rights Act makes one important change to the Tribunal process: the Tribunal will no longer be able to delay the effective date of the increase. Under the previous rules, the Tribunal could push the start date back. Now, if the Tribunal determines the market rent, the new rent applies from the date specified in the original Section 13 notice. This gives landlords greater certainty about when the increase will take effect.

However, the Act also removes the ability for the Tribunal to set a rent below the current rent in cases where the landlord has proposed an increase. The Tribunal's determination will be the market rent, and the minimum will be the rent currently being paid.

Practical Tips for Getting It Right

Build Your Evidence

Before serving a Section 13 notice, gather evidence of comparable rents. This will be useful if the tenant refers the increase to the Tribunal.

• Check property portals for similar properties in the same area
• Note the size, condition, and facilities of comparables
• Keep records of any improvements you have made to the property
• Document your current costs (mortgage, insurance, maintenance)

Use the Correct Form

An invalid notice is unenforceable. Ensure you use the prescribed form, fill it in completely, and serve it correctly. A notice that omits required information or gives insufficient notice is void.

Communicate With Your Tenant

The statutory process does not prevent you from having a conversation. Many rent disputes can be resolved informally before they reach the Tribunal. If your tenant understands why you are proposing an increase and you can show it reflects the market, they may accept it without a referral.

What About Existing Contractual Rent Review Clauses?

For tenancies that exist before 1 May 2026 and subsequently convert to periodic tenancies, any contractual rent review clause will cease to have effect. From that point, Section 13 is the only route.

If your current tenancy has a rent review date coming up before 1 May 2026 and you wish to increase the rent using the existing contractual mechanism, you should do so before the transition. After the Act takes effect, you will need to wait 12 months from the last increase before serving a Section 13 notice.

No Reason to Panic

The shift to Section 13 as the sole rent increase mechanism is a change, but it is not a threat to your rental income. If your rent is at or near the market rate, the process simply formalises what you were already doing. If your rent is below market rate, Section 13 gives you a clear, legal path to bring it up.

The key is preparation. Understand the process, keep good records of comparable rents, and maintain your property to a standard that justifies the rent you are asking. Private landlords in England who do this will find the new system works perfectly well for them. Ensuring your compliance documents are up to date also strengthens your position at Tribunal.

Further Reading

• How Much Can a Landlord Increase Rent?
• Periodic Tenancies Explained for Landlords
• Renters' Rights Act 2025: What Landlords Need to Know