Rent increases and section 13 notices
There is now one way to raise the rent: a section 13 notice on Form 4A, once every 12 months, to market rate, with at least two months' notice. Rent review clauses no longer work — whatever your tenancy agreement says.
The change that should alter how you price an increase
The First-tier Tribunal cannot order the tenant to pay more than you proposed. Under the old rules a challenge was risky for tenants, because the tribunal could land on a higher figure than the landlord had asked for. That deterrent is gone, and there is no backdating either — so an over-optimistic ask now costs you time and gains you nothing.
The rules, briefly
- Once every 12 months. No more frequent increases, by any mechanism.
- To market rate. Not to a contractual figure, an index, or a number in the original agreement.
- Form 4A. The private rented sector section 13 notice. Form 4 is the social-housing version.
- At least two months' notice before the new rent starts.
- Rent review clauses are banned. If your agreement has one, it is no longer effective.
What happens if the tenant challenges
The tenant applies to the First-tier Tribunal, which determines the market rent. Three things follow, and together they change the arithmetic of asking high:
- The tribunal cannot exceed your proposal. Your notice sets the ceiling. There is no upside to the challenge for you, only a possible reduction.
- No backdating. The determined rent applies from the date of determination, not from the date in your notice — so the process itself costs you the difference for however long it takes.
- Deferral for hardship. The tribunal can push an increase back by up to two months where paying immediately would cause undue hardship.
The practical conclusion is straightforward: propose a figure you could evidence to a tribunal, and you will rarely have to. Propose an aspirational one and the worst case is no longer “the tenant pays it anyway” — it is months at the old rent followed by a rent someone else set.
Evidencing market rate
Market rate is what the property would reasonably let for on the open market, on the same terms, to a new tenant. Before serving, capture three or four genuine comparables — same area, similar size, condition and specification — with the date you found them. Dated screenshots of live listings are unglamorous and extremely effective.
Bear in mind that a sitting tenant who pays on time has a value that does not appear in any listing. The rent you could achieve from a stranger is not the same as the rent worth charging someone reliable, once you price in a void and the cost of re-letting.
Getting the dates right
Most section 13 notices that fail, fail on dates — served too soon after the last increase, or with less than two months before the new rent starts. Our rent increase calculator works out the earliest date a new rent can take effect and the latest date you can serve to hit it.
RentFig's Document Creator generates the Form 4A itself, pre-filled from the tenancy, and files the signed copy against the record — which is the version of this you want when a tribunal asks what you served and when.
FAQ
How often can I increase the rent?
Once every 12 months, and only to the market rate. That is now the only route: rent review clauses in tenancy agreements are no longer permitted, so you cannot rely on a contractual escalator or an agreed schedule of increases. Every increase runs through a section 13 notice.
How much notice do I have to give?
At least two months before the new rent takes effect. Serve the notice on Form 4A — 'landlord's notice proposing a new rent for assured tenancies in the private rented sector'. Form 4 is the social-housing version and continues in use there until 2027 at the earliest, so make sure you are using the 'A' form.
Can the tenant challenge the increase?
Yes. If the tenant believes the proposed rent exceeds the market rate they can apply to the First-tier Tribunal, which determines what the market rent actually is. Two features of that process changed in the tenant's favour and are worth understanding before you propose a figure.
Can the tribunal set the rent higher than I asked for?
No — and this is the most significant change for landlords. The tribunal cannot order the tenant to pay more than the landlord proposed. Under the old regime a challenge carried real risk for a tenant, because the tribunal could determine a higher rent than the landlord had asked for. That deterrent is gone, so challenges are cheaper for tenants to bring and an over-optimistic ask is more likely to be tested.
If the tenant challenges and loses, do they owe backdated rent?
No. The new rent applies from the date of the tribunal's determination, not from the date in your original notice, so there is no backdating. The tribunal can also defer an increase by up to two months where paying it immediately would cause undue hardship. In practice this means a challenge costs you time even when you are right — another reason to propose a defensible figure first time.
What counts as 'market rate'?
What the property would reasonably let for on the open market, on the same terms, to a new tenant. Evidence is what wins at tribunal: current listings for comparable properties in the same area, of the same size, condition and specification, ideally captured with dates. A rent that is defensible against three genuine comparables is far safer than one that reflects what you would like to achieve.
Can I agree an increase with the tenant instead?
You can always agree a change in writing, and a tenant who accepts an increase is not obliged to go anywhere near a tribunal. But keep it genuinely consensual and documented — you cannot use an agreement to get around the once-a-year limit or to reinstate a rent review clause by another name.
Does this apply to existing tenancies?
Yes. All assured tenancies in the private rented sector became periodic on 1 May 2026, and the section 13 route applies to them regardless of what the original agreement said. If your tenancy agreement contains a rent review clause, it no longer works — serve a Form 4A instead.
Disclaimer: This guide is general information for UK landlords, not legal or financial advice. Law and practice change — always confirm the current position, and take advice on anything that matters. Rules verified against GOV.UK on 5 August 2026. A defective section 13 notice is ineffective, so check the current form and the dates before serving.