Rent Increases Under the New Rules: Section 13 Guide
Last updated: 2026-04-24
From 1 May 2026, there is only one legal way to increase the rent on a private tenancy in England: the Section 13 statutory process. Clauses in tenancy agreements that previously allowed automatic annual uplifts, inflation-linked increases, or bespoke rent review dates are no longer effective.
This guide explains what is banned, how the Section 13 process works step by step, what rights tenants have to challenge an increase, and what landlords need to do in practice.
What Has Changed
Before the Renters' Rights Act 2025, landlords could include rent review clauses in fixed-term tenancy agreements that would trigger automatic increases — for example, a 5% uplift each April, or an increase tied to the Retail Price Index. These were binding on tenants because they agreed to them at the outset.
With the move to periodic tenancies and the reforms introduced by the Act, this approach is gone. The Section 13 process is now the only route, and it applies to every landlord, every tenancy, every time.
What Is Now Banned
The following mechanisms are no longer legally effective for increasing rent on an Assured Periodic Tenancy:
- Fixed percentage uplifts written into the tenancy agreement (e.g. "rent shall increase by 3% each year on the anniversary of the tenancy")
- RPI-linked or CPI-linked automatic increases (e.g. "rent shall increase in line with the Consumer Price Index each January")
- Any other bespoke rent review mechanism that operates outside the Section 13 process
If your current tenancy agreement contains any of these clauses, they cannot be used to implement a rent increase after 1 May 2026. You must follow the Section 13 process instead.
The Section 13 Process: Step by Step
Step 1: Decide on the New Rent
Before serving a notice, landlords should consider what is reasonable given local market conditions. The rent you propose should be defensible by reference to comparable properties in the area — if a tenant challenges it at tribunal, the tribunal will assess it against open market rent for similar properties.
Step 2: Serve a Section 13 Notice
The increase must be initiated by serving a Section 13 notice on the tenant. This is a prescribed-form document — you cannot use a letter or email in place of the prescribed form.
The notice must specify:
- The new proposed rent amount
- The date on which the new rent is to take effect
Step 3: Observe the Minimum Notice Period
The notice must be served at least 2 months before the date the new rent is to take effect. You cannot serve notice today and have the new rent start in a fortnight.
The increase takes effect on the next rent payment date after the notice period expires. So if a tenant pays rent on the 1st of each month, and the notice period expires on 20 July, the new rent would take effect from 1 August.
Step 4: Wait
The 2-month notice period serves two purposes: it gives the tenant time to adjust their budget, and it gives them the window within which they can challenge the increase at the First-tier Tribunal if they believe it is above market rate.
Step 5: The New Rent Applies (Unless Challenged)
If the tenant does not challenge the notice within the notice period, the new rent takes effect on the stated date. No further action is required.
Frequency Limits
A rent increase can only be implemented once every 12 months, and no earlier than 52 weeks after the tenancy started.
This means:
- If a tenancy starts on 1 June 2026, the earliest a Section 13 notice can take effect is 1 June 2027.
- If you increase rent on 1 June 2027, you cannot increase it again before 1 June 2028.
There is no mechanism to bank missed increases or implement catch-up increases. Each increase must be processed individually via Section 13 with the full 2-month notice period.
The Tenant's Right to Challenge
One of the most important aspects of the new regime is the tenant's right to dispute a proposed rent increase at the First-tier Tribunal (Property Chamber) — free of charge.
How the Challenge Works
- The tenant must make their application to the tribunal within the 2-month notice period — before the proposed increase date.
- Once an application is made, the proposed increase is suspended until the tribunal reaches its decision.
- The tribunal will assess what the open market rent is for a comparable property in the same area.
The Tribunal Cannot Increase the Rent
This is the most important detail for landlords to understand: the tribunal cannot set the rent higher than the amount the landlord proposed. It can only confirm the landlord's proposed figure or reduce it.
For tenants, this means there is no financial risk in challenging. The worst outcome is that the tribunal agrees with the landlord.
Hardship Provisions
If the tribunal finds that paying the new rent would cause the tenant hardship, it has the power to delay the increase by a further 2 months. This is an additional protection on top of the standard notice period.
What Landlords Need to Know About Tribunal Challenges
Challenges are free and low-barrier
The fact that tenants can challenge for free, with nothing to lose, means challenges are likely to become more common than under the old system. Landlords who set increases well above open market rates are more likely to face tribunal proceedings.
Evidence of comparable rents is key
At a tribunal hearing, both the landlord and the tenant can submit evidence of what comparable properties are renting for. Landlords should gather this evidence before serving the Section 13 notice, not after a challenge is filed. Sources include:
- ONS Private Rental Market Statistics
- HomeLet Rental Index
- Rightmove rental listings for similar properties in the same area
- Zoopla and OnTheMarket comparable data
Set the increase at a defensible level
A rent increase grounded in genuine market evidence is far less likely to be challenged, and far more likely to be upheld if it is. If your rent is already at or near market rate, a modest annual increase will be straightforward. If you are substantially below market rate, consider a phased approach over successive years rather than a large single jump — large jumps are more likely to prompt a challenge.
Keep records
Keep a copy of every Section 13 notice you serve, with evidence of the date it was served, the method of service, and the tenant's acknowledgment if possible. If a challenge is filed, you will need to demonstrate that the correct process was followed.
Common Mistakes to Avoid
Using the old agreement clause instead of Section 13. If your tenancy agreement says rent increases by 3% every April, that clause no longer operates. You still need to serve a Section 13 notice. Attempting to collect an increased rent without a valid notice is a breach of the Act.
Getting the dates wrong. The notice period is 2 months minimum, and the new rent must take effect on a rent payment date. Work the dates out carefully, or use a tool that calculates them for you.
Serving the wrong form. Section 13 requires a prescribed government form. A letter or email stating the new rent is not sufficient.
Increasing more than once a year. There is no exception for exceptional circumstances. Once per 12 months is the hard limit.
Not serving notice at all. Some landlords informally agree a rent increase with a tenant without serving a Section 13 notice. This creates uncertainty — if the tenancy is ever reviewed, there may be no clear record of when and how the rent changed.
Summary: Section 13 at a Glance
| Rule | Detail | |---|---| | Frequency | Maximum once per 12 months, no earlier than 52 weeks after tenancy start | | Notice period | Minimum 2 months before the effective date | | Form required | Prescribed Section 13 form (not a letter or email) | | Effective date | Must be a rent payment date after the notice period expires | | Tenant challenge | Free, at First-tier Tribunal, within the 2-month notice period | | Tribunal cap | Tribunal cannot set rent higher than the landlord's proposed amount | | Hardship delay | Tribunal can delay increase by a further 2 months in cases of hardship | | Banned mechanisms | Fixed uplifts, RPI/CPI clauses, any non-Section-13 review mechanism |
For a broader overview of all the changes brought in by the Renters' Rights Act 2025, see our full guide to the Act.
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