Since the Renters' Rights Act 2025 came into force, the rules on how landlords can increase rent have changed significantly. Contractual rent review clauses are no longer enforceable for periodic tenancies in England. The only lawful method for a landlord to increase rent is by serving a Section 13 notice under the Housing Act 1988. This guide explains what a Section 13 notice is, how to serve one correctly, and what happens if a tenant challenges the proposed increase.
What Is a Section 13 Notice?
A Section 13 notice is the statutory mechanism under Section 13 of the Housing Act 1988 that allows a landlord to propose a rent increase on a periodic tenancy. Under the Renters' Rights Act 2025, it is now the only lawful way to increase rent for assured periodic tenancies in England. Landlords can no longer rely on contractual rent review clauses — even if the tenancy agreement contains one, it is unenforceable for periodic tenancies.
How Does the Section 13 Process Work?
The process for increasing rent using a Section 13 notice involves several key steps that must be followed precisely to ensure the increase is valid.
- Use the prescribed Form 4 (available from GOV.UK) — an informal letter or email does not suffice and will not be legally effective.
- Specify the proposed new rent and the date from which it is to take effect.
- Give at least one month's notice for weekly or monthly tenancies (longer for quarterly or annual tenancies).
- The increase can only take effect once every 12 months — you cannot serve multiple notices in quick succession.
- The proposed rent must be a fair market rent — you cannot propose an increase that is significantly above the open market rate.
- Serve the notice correctly — by post, hand delivery, or in accordance with the tenancy agreement's service provisions.
What Can a Tenant Do to Challenge a Rent Increase?
A tenant who receives a Section 13 notice and believes the proposed rent is above the open market rate can refer the matter to the First-tier Tribunal (Property Chamber) before the proposed increase takes effect. The Tribunal will determine the open market rent for the property. If the Tribunal sets a lower figure than the landlord proposed, that lower figure becomes the new rent. Importantly, the Tribunal cannot set a rent higher than the landlord proposed — so there is no risk to the tenant in making a referral.
Key Point: Tribunal Cannot Increase Rent Above the Proposed Amount
If a tenant refers a Section 13 notice to the First-tier Tribunal, the Tribunal determines the open market rent. It cannot set a rent higher than the amount the landlord proposed in the notice. Tenants therefore have nothing to lose by making a referral if they believe the proposed increase is above market rate.
Common Mistakes Landlords Make with Section 13 Notices
- Using a contractual rent review clause instead of a Section 13 notice — contractual clauses are no longer enforceable for periodic tenancies under the Renters' Rights Act 2025.
- Serving the notice too late — the notice must be served at least one month before the proposed increase date (or longer for quarterly/annual tenancies).
- Using the wrong form — only the prescribed Form 4 is valid; an informal letter or email will not be legally effective.
- Proposing an increase more than once in a 12-month period — only one increase per year is permitted.
- Proposing a rent significantly above the open market rate — this increases the risk of a Tribunal referral and a lower rent being set.
- Failing to serve the notice correctly — ensure it is served in accordance with the tenancy agreement and the Housing Act 1988.
What About Existing Tenancy Agreements with Rent Review Clauses?
If your tenancy agreement contains a contractual rent review clause — for example, a clause allowing annual increases linked to RPI or a fixed percentage — that clause is no longer enforceable for periodic tenancies in England under the Renters' Rights Act 2025. You must use a Section 13 notice instead. This applies even if the tenancy was entered into before the Act came into force and the tenancy has since become periodic.
How We Can Help
Our landlord solicitors advise on all aspects of rent increases under the Renters' Rights Act 2025, including drafting and serving Section 13 notices, advising on market rent evidence, and representing landlords at First-tier Tribunal hearings. If you are unsure whether your proposed increase is lawful or how to serve the notice correctly, contact us for advice before serving.