Section 13 Rent Increase Notice: Complete Guide for Landlords 2026

Under the Renters' Rights Act 2025, Section 13 of the Housing Act 1988 is now the only lawful way to increase rent for assured tenancies in England. Contractual rent review clauses — previously the most common mechanism for increasing rent during a fixed term — are void and unenforceable from 1 May 2026. Every landlord must understand how Section 13 works, how to serve a valid notice, and how tenants can challenge an increase.

This guide explains the Section 13 rent increase process step by step, including notice periods, frequency limits, the tenant's right to challenge at the First-tier Tribunal, and practical tips for justifying your proposed increase. Latch automates the entire rent review cycle, from eligibility tracking to notice generation.

What Is Section 13?

Section 13 of the Housing Act 1988 provides a statutory mechanism for landlords to propose a rent increase for an assured periodic tenancy. The landlord serves a prescribed notice (Form 4) on the tenant, proposing a new rent and specifying the date from which it takes effect. The tenant can either accept the increase or challenge it at the First-tier Tribunal.

Before the Renters' Rights Act, Section 13 was one of two ways to increase rent — the other being a contractual rent review clause written into the tenancy agreement. Many landlords used contractual clauses because they were simpler and did not give the tenant an automatic right to challenge via the Tribunal.

How Section 13 Works Step by Step

1. Step 1 — Check eligibility: The rent must not have been increased using Section 13 within the last 12 months. If the tenancy started less than 12 months ago, you cannot increase the rent until the first anniversary.
2. Step 2 — Determine the market rent: Research comparable rental values in the area. Use letting agent data, property portals, and recent tenancy agreements for similar properties to establish what the open market rent would be.
3. Step 3 — Complete Form 4: Fill in the prescribed 'Landlord's Notice Proposing a New Rent' (Form 4). This must state the current rent, the proposed new rent, and the date the new rent takes effect.
4. Step 4 — Serve the notice: Serve the completed Form 4 on the tenant at least two months before the date the new rent is to take effect. Serve by post, email (if agreed in the tenancy), or in person.
5. Step 5 — Wait for the tenant's response: The tenant can accept the increase (in which case the new rent applies from the specified date), do nothing (in which case the increase also takes effect), or apply to the First-tier Tribunal to challenge it.
6. Step 6 — Tribunal (if challenged): If the tenant challenges, the Tribunal determines the market rent and its decision replaces your proposed figure. The Tribunal rent applies from the date specified in the notice.

Notice Period and Frequency Rules

The Tenant's Right to Challenge

Tenants have the right to refer the proposed rent increase to the First-tier Tribunal (Property Chamber). The Tribunal's role is to determine the open market rent for the property — the rent that a willing landlord and a willing tenant would agree in the open market.

How the Tribunal Determines Market Rent

The Tribunal considers:

• The rent for comparable properties in the locality
• The condition and character of the property
• The terms of the tenancy (other than rent)
• The age and state of repair of the property
• The Tribunal disregards any increase in value attributable to tenant improvements made at the tenant's own expense

Practical Tips for Justifying Your Increase

If a tenant challenges your Section 13 notice, the burden is on the Tribunal to determine market rent — but the evidence you present will heavily influence the outcome. Here are practical steps to build a strong case:

• Gather comparable evidence: Collect at least 3-5 recent lettings of similar properties in the same area. Use Rightmove, Zoopla, and local letting agents for data. Screenshot the listings with dates.
• Document property improvements: If you have made improvements since the last rent was set (new kitchen, boiler, insulation), document the works with receipts and before/after photographs.
• Consider property condition: Be honest about the property's condition. If there are outstanding maintenance issues, the Tribunal will factor these in. Fix issues before proposing an increase where possible.
• Keep the increase reasonable: Proposing a wildly above-market increase invites a Tribunal challenge. Modest, well-evidenced increases aligned with local market movement are far less likely to be challenged.
• Use Latch's rent analytics: Latch provides rental market data for your area, helping you set a figure that reflects genuine market conditions rather than guesswork.

Common Mistakes to Avoid

• Using the wrong form (must be the current prescribed Form 4)
• 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

Section 13 vs Old Contractual Rent Reviews

How Latch Automates Rent Reviews

Latch takes the complexity out of Section 13 rent increases by automating every step of the process:

With Latch managing your rent review cycle, you can be confident that every increase follows the correct legal process, is supported by market evidence, and is served with the right notice period.