Section 13 Rent Increase

Section 13 of the Housing Act 1988 governs landlord-initiated rent increases in periodic assured (and assured shorthold) tenancies where no rent review clause exists. The landlord must use the prescribed Form 4 (Increase of Rent for a Periodic Tenancy). The notice must give at least one month's advance notice (or one full period if the period is longer than a month), and can only be served once every 12 months — so a landlord cannot raise rent twice in the same year via this route. The increase takes effect on the date specified in the notice unless the tenant challenges it. To challenge it, the tenant must apply to the First-tier Tribunal (Property Chamber) before the effective date. The tribunal assesses the open market rent for the property; it cannot set a rent below market value. Since the Renters' Rights Act 2025 came into force on 1 May 2026, this single annual increase mechanism applies to private tenancies in England generally.

What it means in practice. A Section 13 notice is a proposal, not a bill. Nothing obliges you to agree to it, and nothing obliges you to leave if you do not. Your two realistic options are to accept the new rent, or to apply to the tribunal before the date the increase is due to take effect. Doing nothing and simply continuing to pay the old figure is not a third option — the increase takes effect on the stated date unless it is challenged.

A worked example. Kemi pays £900 a month. Her landlord serves a Form 4 notice proposing £1,150 from 1 September, giving more than a month's notice. Kemi researches comparable two-bedroom flats let in the previous few months on the same street and finds the going rate is nearer £980. She applies to the First-tier Tribunal in mid-August, before the effective date, attaching the comparable listings and photographs showing the condition of her flat. The tribunal determines the open market rent and sets the rent accordingly, and her landlord cannot serve another Section 13 notice for twelve months.

Common pitfalls. Missing the effective date is the fatal error, because the right to challenge disappears once the increase has taken effect. Tenants also apply without evidence: the tribunal decides on comparable market rents, so listings, letting agent particulars, and condition photographs are what win these cases. And a notice that is defective — wrong form, too little notice, or served within twelve months of a previous increase — is invalid, so check it before assuming you must pay.

How it relates to other terms. Section 13 applies to periodic assured tenancies, which since the abolition of the assured shorthold tenancy means most private lets in England. A landlord cannot respond to a challenge by evicting you, because Section 21 no longer exists and possession needs a Section 8 ground. If the increase makes the rent unaffordable, check your Local Housing Allowance rate.

What to do next. Check the notice for validity and diary the effective date using our rent increases guide. Gather comparable rents before applying to the tribunal. Read the Renters' Rights Act 2025 for the current annual limit, and tenancy agreements to check whether your contract contains its own rent review clause.