How to Increase Rent Legally UK: Section 13 Process Explained

Increasing rent is one of the most sensitive aspects of being a landlord. Get it right, and you maintain a fair return on your investment while keeping a good tenant. Get it wrong, and you risk a Tribunal challenge, a damaged relationship, or even a rent reduction below what you currently charge.

Under the Renters' Rights Act 2025, the rules have changed significantly. Contractual rent review clauses are void from 1 May 2026. The only lawful mechanism for increasing rent on an assured tenancy is now the Section 13 process under the Housing Act 1988. This guide explains exactly how to use it, what the risks are, and how to evidence your proposed increase.

The New Rules: Section 13 Only

From 1 May 2026, the only lawful way to increase rent on an assured tenancy (which now includes all private rented tenancies, since assured shorthold tenancies no longer exist) is by serving a Section 13 notice under the Housing Act 1988.

This applies regardless of what your tenancy agreement says. Even if the agreement contains a rent review clause, that clause is void and unenforceable from the commencement date. You must use the statutory process.

How Often Can You Increase Rent?

You can increase rent no more than once in any 12-month period. The 12-month period is measured from the date of the last rent increase, not from the start of the tenancy.

If the tenancy started within the last 12 months and you set the initial rent at the agreed level, you cannot increase it until at least 12 months after the tenancy began. If you have never increased the rent, the 12-month period runs from the start of the tenancy.

The Section 13 Process Step by Step

• Confirm at least 12 months have passed since the tenancy started or the last rent increase
• Research market rents for comparable properties in the area
• Determine your proposed new rent based on market evidence
• Complete the prescribed Section 13 notice form (Form 4 or its successor)
• Specify the current rent, proposed new rent, and the date the increase takes effect
• Ensure the effective date is at least 2 months after the notice is served
• Serve the notice on the tenant (and all joint tenants if applicable)
• Keep proof of service (certificate of posting, email confirmation, signed receipt)
• Wait for the tenant to respond — they may accept, negotiate, or challenge at Tribunal

Giving the Correct Notice

You must give at least 2 months' notice before the rent increase takes effect. The notice must be on the prescribed form (currently Form 4, though this may be updated following the Renters' Rights Act). The form requires:

• The landlord's name and address
• The tenant's name and the property address
• The current rent amount
• The proposed new rent amount
• The date from which the new rent is payable (at least 2 months from date of service)
• A statement explaining the tenant's right to refer the notice to the First-tier Tribunal

The Tenant's Right to Challenge

After receiving a Section 13 notice, the tenant has the right to refer the proposed increase to the First-tier Tribunal (Property Chamber) before the increase takes effect. If the tenant does nothing, the increase takes effect automatically on the date specified in the notice.

If the tenant refers the notice to the Tribunal, the Tribunal will determine the open market rent for the property. This is the rent the property would command on the open market, taking into account:

• The age, character, and locality of the property
• The state of repair and condition
• The furniture and fittings provided (if any)
• Comparable rents for similar properties in the area
• The Tribunal ignores any increase or decrease in value caused by the tenant's improvements or the tenant's failure to comply with tenancy terms

Evidencing Market Rent

Whether the tenant accepts your increase or challenges it at Tribunal, having robust evidence of market rent strengthens your position:

Gathering Comparables

• Collect 3–5 recent lettings of comparable properties in the same area (within the last 6 months ideally)
• Use Rightmove, Zoopla, and local letting agent listings for data
• Match on property type, size, number of bedrooms, condition, and location as closely as possible
• Screenshot listings with dates — evidence disappears from portals after letting
• Note any differences (better condition, larger garden, closer to station) and adjust accordingly

Property Condition and Improvements

If you have improved the property since the last rent was set — new kitchen, replacement boiler, better insulation — document these works with receipts and photographs. The Tribunal will consider the current condition of the property when assessing market rent.

Conversely, if there are outstanding maintenance issues, the Tribunal will factor these into its assessment. Address maintenance problems before proposing an increase wherever possible.

Timing Your Rent Increase

Strategic timing can make a rent increase more likely to succeed and less likely to be challenged:

• Avoid winter increases: Tenants are less likely to move in winter, but may also be more financially stretched due to heating costs. Spring or summer increases feel less burdensome.
• Align with the market: Increase rent when the local rental market is strong and comparable evidence supports your figure. Increasing during a soft market invites a Tribunal challenge.
• Consider the tenant relationship: A good tenant who has been paying reliably for years is worth retaining. A moderate increase that the tenant accepts is better than an aggressive increase that triggers a Tribunal referral.
• After improvements: If you have recently invested in the property (new bathroom, redecorated throughout), the increase feels justified to the tenant and is well-evidenced.

Common Mistakes to Avoid

• Using the wrong form (must be the current prescribed Form 4 or its replacement)
• Giving less than 2 months' notice before the effective date
• Attempting to increase rent more than once in 12 months
• Relying on a contractual rent review clause (void from 1 May 2026)
• Failing to serve the notice on all joint tenants
• Backdating the increase to a date before the notice was served
• Not keeping proof of service (certificate of posting, email read receipt)
• Proposing an increase without comparable evidence to justify it

What Happens If the Tenant Just Refuses to Pay?

If the tenant does not refer the notice to the Tribunal and does not start paying the increased rent on the effective date, the increased rent is legally due and the tenant is in arrears for the difference. You can pursue the arrears through the normal rent arrears process, including potentially seeking possession on Ground 10 or 11.

If the tenant does refer to the Tribunal and the Tribunal sets the new rent, that figure is binding on both parties. The tenant must pay the Tribunal-determined rent from the date specified.

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