Prior to the Renters’ Rights Act 2025 Act coming into force, landlords had several options to increase rent. These options featured contractual rent review clauses, mutual agreement for a new fixed term, or the Section 13 statutory procedure.
Now that the Renters Rights Act is in force, landlords no longer have several options available for increasing rent of assured tenancies, and landlords are no longer able to rely on rent review clauses or other contractual rent increase provisions. These clauses are now ineffective.
Section 13
Landlords now have only one method of increasing the rent for an assured tenancy.
Section 6 of the Renters’ Rights Act 2025 inserted a new subsection (4A) into Section 13 of the Housing Act 1988. As a result, landlords must follow the Section 13 procedure when seeking to increase rent.
What process must a landlord follow?
A landlord must serve a Section 13 Notice (Form 4A) on the tenant.
How often can rent be increased?
A landlord may increase the rent using Form 4A once every 52 weeks (12 months).
A Section 13 Notice cannot be served during the first 12 months of a tenancy.
How much notice must be given?
Two months’ notice must be provided by a landlord in respect of a proposed increase in rent.
It is necessary for the proposed rent increase to take effect on a rent payment date specified within the notice.
The new rent will take effect on the date stated in the Section 13 Notice, provided the tenant does not challenge the proposal. If the tenant does not challenge the proposal, they must pay the new rent on the date as specified in the Notice.
Process for the challenge of a proposed rent increase
A tenant must make an application to the First-tier Tribunal if they wish to challenge the proposed rent.
Once the landlord receives the application, the landlord should review the tenant’s grounds of challenge in order to consider their options.
On consideration of the tenant’s application the landlord has the following options:-
1. Withdraw the proposed rent increase
Should the landlord no longer wish to pursue a rent increase, it is possible to seek the Tribunal’s consent to withdraw the proceedings.
2. Negotiate an agreement with the tenant
The landlord and tenant may agree a different rent between themselves.
If a settlement is reached, either party may apply to the Tribunal for consent to withdraw the application
3. Defend the proposed rent increase
If it is not possible to reach an agreement with the tenant, the landlord will need to submit evidence supporting the proposed rent in the required timescale.
Examples of evidence in support include comparable rental properties, lettings data, professional valuation evidence, and details of the property’s condition, amenities and location.
Once the First-tier Tribunal considers the evidence submitted by both the landlord and the tenant, it will determine the market rent.
The Tribunal is not able to set a rent higher than that proposed by the landlord in the Section 13 Notice.
When might a Section 13 Notice be invalid?
Common reasons why a Section 13 Notice may be invalid include:
- The tenant’s deposit has not been protected in an authorised tenancy deposit scheme;
- The prescribed deposit information has not been provided to the tenant;
- The notice is served within the first 12 months of the tenancy;
- The landlord attempts to increase the rent more than once within a 52-week period;
- The incorrect form is used
- Insufficient notice is given;
- The notice contains significant errors; or
- The landlord attempts to increase the rent by any method.
How we can help
Whether you own a single rental property or manage a large portfolio, it is important to ensure that any rent increase is implemented correctly and in accordance with the statutory requirements.
If you require assistance with:
- Preparing and serving a Section 13 Notice;
- Responding to a tenant’s challenge; or
- Representing you in proceedings before the First-tier Tribunal,
Please contact our Property Litigation team.