Rent Increases: Rules and Procedures Under the New Law

From 1 May 2026, you live in a world where Section 13 is your only route to raise rent mid-tenancy in England and you can only do it once every 12 months.

"This guide provides general information about UK landlord tax obligations. It is not financial or legal advice. Tax treatment depends on your individual circumstances and may change. Consider consulting a qualified accountant or solicitor for advice specific to your situation."

1. Current rules vs 2026 changes (England)

Until 30 April 2026 (baseline position)

Fixed term AST:

• You can only increase rent:
• By agreement with the tenant, or
• Using a contractual rent review clause in the AST, or
• By serving Section 13 once the tenancy is periodic.

Periodic AST:

• You can agree a new rent, or
• Serve a Section 13 notice (Form 4) to propose a new rent.

From 1 May 2026, when the Renters' Rights Act 2025 rent rules take effect in England

• All ASTs effectively move into an "all periodic" world: rent rises during the tenancy must use Section 13.
• Contractual rent review clauses stop working for mid-tenancy increases.
• You can only increase rent once every 12 months using Section 13.
• The proposed rent has to be a fair market rent.
• Tenant can challenge to the First-tier Tribunal (FTT), which can set market rent but not higher than you proposed.
• You can still set whatever rent you like for a new tenancy when the old one ends.

2. Section 13 basics: when and how you use it

Law: Housing Act 1988 s13, as amended, plus changes from the Renters' Rights Act in 2026.

What Section 13 does

• Lets you propose a new rent for an assured periodic tenancy (including ASTs).
• Must be in the prescribed form, currently Form 4 (moving to an updated Form 4A around May 2026, but same idea).
• The new rent starts at the beginning of a new period of the tenancy if the notice is valid and not challenged.

Key constraints under the new regime

• You can serve a Section 13 no more than once every 12 months for that tenancy.
• There is usually no Section 13 in the first 12 months of the tenancy.
• You must give at least 2 months' notice before the increase date.
• The figure should be open market rent: what you would get if re-advertised, taking into account comparables and condition.

Notice period detail

For a monthly periodic tenancy, the legal minimum used to be "one month", but guidance now aligns this with the Renters' Rights Act requirement of at least 2 months from service to effective date.

3. Serving a Section 13 notice step by step

You must

Check timing

• Has it been 12 months since the last Section 13 increase?
• Is the tenancy periodic (it will be, in effect, from May 2026 for rent-increase purposes)?

Complete Form 4 (or successor form) correctly

• Tenant names and address.
• Current rent and payment period.
• Proposed new rent and effective date (at least 2 calendar months ahead, aligned with the rent period start).
• Your details and signature.

Serve the notice

• Serve by post or hand delivery in line with the tenancy's notice clause.
• Keep proof of service (certificate of posting, etc.).

After service

• If the tenant does nothing, the new rent takes effect on the date in the notice and becomes the contractual rent.
• If the tenant applies to the FTT before the effective date, the rent stays at the old level until the tribunal decision.
• The tribunal can, if it wishes, make its decision effective from a later date than the original increase date, especially if there is delay.

4. What the Tribunal does with a rent challenge

A tenant can refer a Section 13 increase to the First-tier Tribunal (Property Chamber) if they think it is too high.

The tribunal will

• Look at comparable rents for similar properties in the same locality.
• Consider condition, facilities, size, and any improvements.
• Consider whether your figure is in line with open market rent.

Under the new regime

The tribunal can set the rent at:

• The proposed rent, or
• A lower market rent if your proposal is above market.

The tribunal cannot set the rent higher than you proposed in your Section 13.

So if market evidence suggests GBP 1,250 but you proposed GBP 1,200, the tribunal is capped at GBP 1,200.

5. Worked example: GBP 1,000 to GBP 1,200

Assume:

• Current monthly rent: GBP 1,000.
• You want GBP 1,200.
• Rent due on the 1st of each month.
• Date today: 1 June 2026 (post-reform).

Timeline

1 June 2026

• You serve a Section 13 notice (Form 4A) proposing rent GBP 1,200 from 1 August 2026.
• That is 2 months' notice to the start of the next period.

June-July 2026

• Tenant pays GBP 1,000.
• Tenant has until 31 July 2026 to refer the notice to the tribunal.

If the tenant does nothing

• From 1 August 2026, rent automatically becomes GBP 1,200 and that is the new contractual rent.

If the tenant refers to the tribunal

• They keep paying GBP 1,000 until the tribunal decides.
• Suppose tribunal hearing is in October 2026, and it decides the market rent is GBP 1,150.
• It sets rent at GBP 1,150, effective from, say, 1 November 2026 to reflect the delay.
• You cannot serve another Section 13 until 12 months after the effective Section 13 increase (here, 1 November 2027).

6. Scotland and Wales: very different rent regimes

Scotland -- PRTs, adjudication and rent controls

In Scotland, most new tenancies are Private Residential Tenancies (PRTs):

• Landlord must give written notice of a rent increase, usually at least 3 months.
• Tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for rent adjudication if they think the new rent is too high.
• The tribunal can set an open market rent, capped by any applicable rent controls (previous rent caps, and now the framework for designated rent control areas under the Housing (Scotland) Act 2025).
• Local authorities can be designated as rent control areas, with caps linked to CPI plus a margin, up to a maximum (for example CPI+1%, capped at 6%).

Wales -- Renting Homes (Wales) Act

In Wales, most private tenancies are now occupation contracts under the Renting Homes (Wales) Act 2016:

• Landlord can propose a rent increase via a "variation of contract" notice.
• Must usually give 2 months' notice and not increase rent more than once in any 12-month period for standard occupation contracts.
• Tenants can challenge excessive increases through the courts or by defending possession actions.

Always check current Welsh Government guidance because the Renting Homes regime is evolving.

7. What forums get wrong

Some common nonsense you see online:

"You can still use rent review clauses to bump rent mid-term." For England, once the Renters' Rights Act rent rules are live, Section 13 is the route, and rent review clauses cannot override the statutory scheme.

"Just email the tenant and say the rent goes up next month." Unless the tenant expressly agrees (and you can evidence it), that is not compliant. You need a valid Section 13 notice in the prescribed form and proper notice.

"If they go to the tribunal you risk them setting it higher." Under the new rules, the tribunal cannot go above the rent you proposed in your Section 13.

"You can serve Section 13 as often as you like if the market is moving." No. Under the post-reform system, you are limited to one Section 13 increase per 12 months for that tenancy.

"If the tenant does not sign anything, the increase is invalid." Wrong. If the Section 13 is validly served and not referred to the tribunal in time, the rent just goes up on the date in the notice; no signature needed.

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