As at 5 June 2026, the Renters' Rights Act is live in England. It represents the most significant overhaul of England's private rented sector in a generation. Among its most critical reforms is the complete restructuring of how landlords can increase rents. For decades, landlords and letting agents relied on a mix of contractual rent review clauses and statutory notices to adjust rents in line with inflation or market movements. Under the new legislative framework, this dual pathway has been abolished, making the statutory Section 13 process the sole legal mechanism for rent reviews in England.
This guide provides an authoritative, compliance-focused breakdown of the new Section 13 rent increase rules. It details the prohibition of contractual clauses, the updated notice periods, the restructured First-tier Tribunal challenge process, and the practical steps landlords must take to remain compliant.
The Prohibition of Rent Review Clauses Under the Renters' Rights Act
Historically, many landlords included rent review clauses within their tenancy agreements. These clauses allowed for automatic or pre-agreed rent increases at specific intervals, such as an annual increase tied to the Retail Prices Index (RPI) or a fixed percentage rise. Under the Renters' Rights Act, which amends the Housing Act 1988, all such contractual rent review clauses are now entirely void.
Because the Act transitions all assured shorthold tenancies into single-tier periodic tenancies, any attempt to pre-determine rent increases within a written agreement is legally invalid. Landlords can no longer bypass the statutory process by getting a tenant to sign a contract containing a rent review clause. The statutory Section 13 procedure is now the exclusive legal pathway to propose a rent increase.
It is vital to note that these rules apply strictly to England. Tenancy law is a devolved matter, meaning that Scotland, Wales, and Northern Ireland operate under different legal frameworks. For instance, Wales operates under the Renting Homes (Wales) Act 2016, and Scotland utilizes the Private Housing (Tenancies) (Scotland) Act 2016. Landlords with portfolios spanning multiple jurisdictions must ensure they do not apply English Section 13 rules to properties located in other parts of the United Kingdom.
Any attempt to implement a rent increase outside of the Section 13 framework, such as through an informal written agreement or a separate side-contract, carries no legal weight. If a landlord attempts to enforce an informal increase, the tenant is within their rights to continue paying the original rent, and any overpayments made by the tenant could potentially be claimed back as rent arrears or disputed in court.
New Statutory Notice Periods and Frequency Limits for Section 13 Notices
To increase rent under the new framework, landlords must adhere to strict statutory timelines and frequency limits. The Renters' Rights Act has extended the minimum notice period that landlords must provide to tenants, giving renters more time to plan their finances or challenge the proposal.
Under the updated Section 13 rules, landlords must give tenants a minimum of two months' written notice before the proposed rent increase can take effect. This is a significant change from the previous requirement, which allowed for a one-month notice period for standard monthly periodic tenancies. The notice must be served using the updated prescribed Form 4, which is issued by the Ministry of Housing, Communities and Local Government (MHCLG).
In addition to the longer notice period, the strict frequency limit remains: rent can only be increased once every 12 months. This 12-month clock begins from the date the last rent increase took effect, or from the start date of the tenancy if no previous increase has occurred.
Landlords must calculate these dates with absolute precision. If a Section 13 notice is served with even a single day less than the mandatory two-month notice period, or if it proposes an increase less than 12 months since the last adjustment, the notice will be deemed legally invalid. To understand how these longer notice periods and annual limits impact overall portfolio performance, landlords can Use the rental yield calculator to model their cash flow and assess mortgage affordability.
The First-tier Tribunal Challenge Process and Market Rent Determinations
If a tenant receives a Section 13 notice and believes the proposed rent exceeds the open market rate for similar properties in the local area, they have the right to challenge the increase. This challenge is made by applying to the First-tier Tribunal (Property Chamber) before the date on which the proposed new rent is due to take effect.
The Renters' Rights Act has fundamentally altered the tactical dynamics of the First-tier Tribunal process. Under the old system, challenging a rent increase carried a substantial risk for tenants. The Tribunal had the power to determine the true market rent, which meant that if they found the local market had risen significantly, they could actually set a new rent that was higher than the amount the landlord had originally requested. This acted as a strong deterrent against frivolous or marginal appeals.
Under the new rules, this risk has been entirely removed. The First-tier Tribunal is now legally prohibited from setting a rent that is higher than the landlord's proposed figure in the Section 13 notice. The Tribunal's role is strictly to determine whether the proposed rent is at or below market value. If they find the market value is lower than the landlord's proposal, they will lower the rent to the market rate. If they find the market value is higher, they can only confirm the landlord's proposed rent, not exceed it.
This shift means that tenants have a much lower-risk incentive to challenge rent increases. Because there is no longer a penalty of a higher-than-requested rent, landlords must expect a higher volume of Tribunal challenges.
Furthermore, the Act changes when the new rent becomes payable. Previously, the rent determined by the Tribunal would often be backdated to the date specified in the original Section 13 notice. Under the new framework, the rent increase will only take effect from the date of the Tribunal's determination. This is designed to prevent tenants from facing sudden, unexpected back-dated rent arrears. However, the Tribunal does retain the discretion to defer the start date of the new rent by up to two months if it is satisfied that immediate payment would cause undue hardship to the tenant.
Section 13 Compliance and Evidence Checklist for Landlords
Because the balance of risk has shifted, landlords and property managers must adopt a highly disciplined, evidence-led approach to rent reviews. To successfully defend a proposed rent increase at the First-tier Tribunal, landlords must compile a robust evidence pack before serving the Section 13 notice.
To ensure full compliance, landlords should follow this structured workflow:
- Gather Local Market Comparables: Collect clear, verifiable evidence of market rents for similar properties in the immediate vicinity. This evidence should include active listings from major property portals, details of recently let properties, and signed tenancy agreements for comparable units within your own portfolio. The evidence must match the subject property in terms of size, condition, location, and amenities.
- Verify the 12-Month Limit: Check historical tenancy records to ensure that no rent increase has taken effect within the preceding 12 months.
- Complete the Prescribed Form 4: Download the latest version of Form 4 from the official GOV.UK website. Ensure that all fields, including the names of all tenants, the property address, and the proposed start date, match the tenancy agreement exactly. Any typographical errors can invalidate the notice.
- Calculate the Notice Period and Service Days: Allow a full two months' notice. If you are serving the notice by post, you must add additional days to account for delivery times (typically two working days for first-class post) to ensure the tenant receives the full two months' statutory notice.
- Maintain Proof of Service: Document exactly how and when the notice was served. If hand-delivering, take a photograph or obtain a signed receipt. If sending by post, use a tracked service and retain the proof of postage.
- Keep a Written Communication Log: Document all discussions, emails, and letters exchanged with the tenant regarding the rent review. If the tenant agrees to the increase without going to the Tribunal, ensure this agreement is documented in writing.
By maintaining rigorous records and ensuring that all proposed increases are strictly aligned with true market values, landlords can minimize the risk of successful tenant challenges. To stay up to date with the latest legislative changes, court rulings, and market trends affecting the private rented sector, property professionals can Read the Property Hub for regular updates and expert analysis.