Section 13 Rent Increase Notices: The New Rules for 2026

Under the Renters' Rights Act 2025, the way landlords increase rent has fundamentally changed. The old methods - contractual rent review clauses, informal agreements to increase rent - are either void or significantly restricted. The only lawful way to raise rent on a periodic tenancy in England is through a formal Section 13 notice.

What is a Section 13 notice?

A Section 13 notice (sometimes called Form 4 or the "Notice Proposing a New Rent") is a statutory document under Section 13 of the Housing Act 1988. It allows a landlord to propose an increase in rent on a periodic tenancy.

The notice must be served before the proposed new rent can take effect. It is not a request - the rent will change on the date specified unless the tenant challenges it at the First-tier Tribunal (Property Chamber).

What has changed under the Renters' Rights Act?

Several key changes took effect from 1 May 2026:

1. Only once per year

Landlords can now only increase rent once every 12 months. If you increased rent in March 2026, you cannot increase again until March 2027 at the earliest. This applies regardless of what your tenancy agreement says.

2. Two months' minimum notice

Previously, the notice period for a monthly periodic tenancy was one month. The Renters' Rights Act increased this to two months for all periodic tenancies. For weekly tenancies, the notice period is also two months (previously one week).

3. Contractual rent review clauses are void

Many older ASTs contained clauses like "the rent shall increase by RPI annually" or "the rent may be reviewed on each anniversary of the tenancy." These clauses are no longer enforceable. Even if your tenancy agreement contains such a clause, you must use the Section 13 process to increase rent. The clause alone does not constitute a valid increase.

4. First-tier Tribunal assessment

If a tenant challenges your proposed rent increase at the First-tier Tribunal, the Tribunal will assess what market rent should be for the property. The Tribunal cannot set a rent higher than you proposed - so proposing a market-rate increase will not result in the Tribunal awarding more than you asked for. However, it may reduce the increase if it finds your proposed rent is above market rate.

How to serve a Section 13 notice correctly

Step 1: Use the prescribed form

Section 13 notices must use the prescribed Form 4 (available from the government's website, or generated by PropReady). Using the wrong form may make the notice invalid.

Step 2: Complete all required fields

The notice must include:

• The full name(s) of the tenant(s)
• The address of the tenancy
• The current rent amount
• The proposed new rent amount
• The date the proposed new rent is to take effect (must be at least 2 months from the date of service)
• The landlord's name and address
• Information about the tenant's right to challenge at the First-tier Tribunal

Step 3: Serve the notice correctly

The notice must be served properly to be valid. Acceptable methods include:

• Personal delivery to the tenant - signed acknowledgement recommended
• First class post - deemed served 2 business days after posting
• Email - only if the tenancy agreement specifies email as an accepted method of service

Keep a copy of the notice and proof of service (photograph of delivery, email delivery receipt, or certificate of posting).

Step 4: Log it in your audit trail

The date of service of a Section 13 notice is critical - it determines when the new rent can take effect, and whether you've complied with the once-per-year rule. Store a timestamped copy of the notice and proof of service in PropReady's document vault.

What if the tenant challenges the notice?

The tenant has until the last day before the proposed new rent takes effect to apply to the First-tier Tribunal. The Tribunal will set a market rent for the property.

In practice, the majority of Section 13 challenges relate to proposed increases that significantly exceed local market rents. If you're proposing a reasonable increase based on current market data, a challenge is unlikely to succeed.

While a tribunal application is pending, the existing rent continues to be payable. Once the Tribunal determines the rent, the new amount takes effect from the date you originally proposed (or the tribunal determination date, whichever is later).

Common mistakes to avoid

• Using the old form: Make sure you're using the current Form 4. Pre-RRA versions are invalid from 1 May 2026.
• Not giving enough notice: Serving a notice with only 6 weeks' notice is not valid - you need a full 2 months. You'll need to re-serve and start the clock again.
• Increasing more than once per year: Even a second valid Section 13 notice within 12 months will be unenforceable. The tenant does not have to pay the increase.
• Relying on a rent review clause: The clause is not enough. You still need to serve a Section 13 notice.
• Not keeping proof of service: If the tenant later disputes the date of service, you need evidence.

Can I increase rent without using Section 13?

Only if the tenant agrees in writing and signs a formal variation of tenancy document. Even then, the once-per-year limit still applies. In practice, using Section 13 is simpler and gives you a clear legal process. PropReady generates pre-filled Section 13 notices as part of its AI document generator.