Section 13 Rent Increase Notice — How Landlords Can Lawfully Increase Rent

When Can a Landlord Increase Rent?

During a fixed term tenancy, the rent can only be increased if the tenancy agreement includes a rent review clause. The landlord cannot unilaterally increase rent mid-term without such a clause.

Once the fixed term ends and the tenancy becomes periodic (rolling month-to-month or week-to-week), the landlord can increase the rent using a Section 13 notice under the Housing Act 1988.

Most tenancy agreements also include a contractual rent review mechanism. Landlords should check whether their agreement already contains one before using the statutory Section 13 route.

What is a Section 13 Notice?

Section 13 of the Housing Act 1988 provides a statutory mechanism for landlords to propose a rent increase on an Assured Shorthold Tenancy (AST). It is the fallback route when there is no contractual rent review clause.

The notice must:

• Be in writing using the prescribed form (in England: Form 4 from The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997, as amended)
• State the proposed new rent
• State the date from which the new rent is to apply (the “proposal date”)

Notice Periods

The minimum notice period depends on the tenancy period:

• Monthly tenancy: At least 1 month’s notice
• Weekly or fortnightly tenancy: At least 1 month’s notice
• Yearly tenancy: At least 6 months’ notice

The proposal date must also align with the rent payment date — it cannot take effect mid-period.

Frequency of Increases

A landlord can only serve one Section 13 notice per 52-week period. You cannot use the mechanism to raise rent multiple times in a year.

Tenant Rights to Challenge

If a tenant considers the proposed increase to be above the open market rent, they can apply to the First-tier Tribunal (Property Chamber) for a determination of the market rent. They must apply before the proposal date stated in the Section 13 notice.

The Tribunal can set the rent at market level — which may be the landlord’s proposed figure, less, or (theoretically) more. In practice, landlords who set rents at genuine market levels rarely face successful challenges.

The tenant cannot prevent a market-rate increase; they can only challenge whether the proposed figure exceeds the market rate.

Practical Approach for Landlords

1. Research comparable rents in the area before serving notice to ensure the proposed figure is defensible at Tribunal

2. Use the correct form (Form 4 in England) — an informal letter is not a valid Section 13 notice

3. Allow adequate notice time — serve notice well before the proposed date to avoid disputes about service timing

4. Consider a mutual agreement instead: if the tenant agrees to the new rent in writing, you can vary the rent without going through the Section 13 process

The Renters’ Rights Bill

The Renters’ Rights Bill currently progressing through Parliament proposes to limit rent increases to once per year and to align the Section 13 process more closely with local market rents. Landlords should monitor the Bill’s progress as it will affect rent review procedures significantly.

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