Section 13 Rent Increase Notice 2026

What is Section 13?

Section 13 of the Housing Act 1988 is the statutory mechanism that allows landlords to increase rent on an assured periodic tenancy. It works by serving a formal written notice on the tenant proposing a new rent, which takes effect after a minimum notice period unless the tenant refers it to the First-tier Tribunal.

Before the Renters' Rights Act 2025, many landlords used contractual rent review clauses in their tenancy agreements to increase rent. Those clauses are now ineffective. Section 13 is the only legal route to increase rent on a residential tenancy in England from 1 May 2026 onwards.

What changed under the Renters' Rights Act 2025

The Renters' Rights Act 2025 came into force on 1 May 2026 and made two significant changes to rent increases:

1. All tenancies are now periodic

Fixed-term assured shorthold tenancies no longer exist. All residential tenancies in England are now assured periodic tenancies. This means every tenancy is now subject to the Section 13 procedure — there are no more fixed-term agreements where rent is locked in for a set period.

2. Notice period increased to 2 months

Previously, a Section 13 notice required only 1 month's notice. Under the Renters' Rights Act 2025, landlords must now give a minimum of 2 months' written notice before a rent increase can take effect.

Form 4A — what it is and what it must contain

Form 4A is the prescribed form for a Section 13 rent increase notice. It is set out in the Assured Tenancies and Agricultural Occupancies (Forms) Regulations. A landlord cannot use a letter, email, or informal notice — the notice must be in the prescribed form or one that is substantially to the same effect.

A valid Form 4A must include:

• The address of the tenancy property
• The name and address of the landlord (or agent)
• The name of the tenant(s)
• The current rent amount
• The proposed new rent amount
• The date the new rent is proposed to take effect
• A statement of the tenant's right to refer the notice to the First-tier Tribunal
• The landlord's signature and the date of the notice

Section 13 rules at a glance

How to issue a Section 13 notice — step by step

1. Check the 12-month rule. Confirm that at least 12 months have passed since the last rent increase (or since the tenancy began, if rent has never been increased).
2. Research market rent. Check comparable properties in your area on Rightmove and Zoopla. The proposed rent should be at or below market rent — if it exceeds market rent, the tenant can challenge it at the Tribunal and the Tribunal may set a lower figure.
3. Calculate the effective date. The new rent must take effect on the first day of a rental period. Count forward at least 2 months from the date you will serve the notice to find the earliest valid effective date.
4. Complete Form 4A. Fill in all required fields accurately. Use a professionally drafted template to ensure all prescribed wording is included.
5. Serve the notice. Deliver to the tenant in person, by post, or by email (only if the tenant has previously agreed in writing to receive notices by email).
6. Keep proof of service. Retain a copy of the notice and evidence of delivery — a signed receipt, proof of postage, or email confirmation. You will need this if the tenant disputes receiving the notice.
7. Wait for the tenant's response. The tenant has until the proposed effective date to refer the notice to the First-tier Tribunal. If they do not refer it, the new rent takes effect automatically on the effective date.

Tenant challenges — the First-tier Tribunal

A tenant who receives a Section 13 notice can refer it to the First-tier Tribunal (Property Chamber) before the proposed effective date. The Tribunal will then determine the market rent for the property.

What the Tribunal considers

• Comparable rents for similar properties in the area
• The condition of the property
• The terms of the tenancy
• Any furniture or services provided by the landlord

Possible Tribunal outcomes

• Tribunal agrees with proposed rent — the new rent takes effect as proposed
• Tribunal sets a lower rent — the lower figure becomes the new rent
• Tribunal sets a higher rent — rare, but the Tribunal can set a rent higher than proposed if evidence supports it

Common mistakes that invalidate a notice

• Less than 2 months' notice — the most common error. Count carefully from the date of service, not the date you write the notice.
• Wrong effective date — the new rent must start on the first day of a rental period. If rent is due on the 15th, the increase must take effect on the 15th.
• Increasing rent more than once in 12 months — even with a valid notice, a second increase within 12 months of the last one has no legal effect.
• Using a letter instead of Form 4A — an informal letter or email is not a valid Section 13 notice, even if it contains all the same information.
• Serving by email without prior agreement — email service is only valid if the tenant has previously agreed in writing to receive notices by email.
• Relying on a contractual rent review clause — these are no longer effective from 1 May 2026.

Frequently asked questions

Can I increase rent during the first year of a tenancy?

Yes, but only if 12 months have passed since the tenancy began. A Section 13 notice served before the 12-month mark will be invalid.

What if my tenant simply refuses to pay the new rent?

If the notice was valid and the tenant did not refer it to the Tribunal, the new rent is legally binding. A tenant who refuses to pay the increased amount is in rent arrears, which is a Ground 8 / Ground 10 matter under Section 8.

Can I include a rent increase in a new tenancy agreement?

Since all tenancies are now periodic, there are no new fixed-term agreements to offer. All existing tenancies continue as periodic tenancies, and rent can only be changed via Section 13.

Do I need a solicitor to serve a Section 13 notice?

No. A Section 13 notice is a straightforward document that landlords serve themselves. The key requirement is using the correct Form 4A and observing the notice period. A professionally drafted template removes the risk of errors.

What happens if I get the effective date wrong?

The notice is invalid and the rent increase does not take effect. You would need to serve a new notice with a corrected effective date and wait another 2 months.

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