Navigating Rent Increases: The Role of the Section 13 Notice

The Section 13 Notice is a legal document that landlords can use to increase the rent of their properties. This notice is part of specific housing legislation and is designed to protect tenants from sudden and unreasonable rent increases. It serves as a formal, legal framework for landlords to propose a rent increase while giving tenants the right to challenge the proposed increase if they believe it is unfair.

This article provides an in-depth exploration of the Section 13 Notice and its implications for landlords and tenants, and addresses frequently asked questions about rent increases. Understanding these aspects is crucial for both parties to ensure a fair and legally compliant process of rent adjustment.

Article updated: July 2026

Introduction

A Section 13 Notice is a legal document that landlords in England can use to increase the rent of their properties. This notice is part of the Housing Act 1988 and is specifically designed to protect tenants from sudden and unreasonable rent increases.

The purpose of a Section 13 Notice is to provide a formal, legal framework for landlords to propose a rent increase while giving tenants the right to challenge the proposed increase if they believe it is unfair.

When Can a Landlord Increase Rent?

Since 1 May 2026, tenancies in England's private rented sector run as assured periodic tenancies under the Renters' Rights Act, and the rules are set out in government guidance: per the rent increase rules a landlord can only increase the rent once a year, cannot increase it in the first year of the tenancy, and must give at least 2 months' notice using Form 4A, the landlord's notice proposing a new rent, which is the current form of the Section 13 route.

Any proposed rent increase must be in line with the open market rate, which means it should reflect average local rents for similar properties.

How to Issue a Section 13 Notice

To issue a Section 13 Notice, a landlord must provide certain information. This includes the proposed new rent amount, the date the increase will take effect, and the tenant's right to challenge the increase. The notice must also inform the tenant that they have a right to refer the proposed increase to the First-tier Tribunal if they believe it is above the open market rent.

The notice can be delivered to the tenant in person, sent by post, or sent electronically if the tenant has agreed to receive notices in this way. It's important for landlords to keep a record of sending the notice, such as a receipt of posting or a confirmation of email delivery.

The Role of Tenancy Agreements in Rent Increases

Under the old assured shorthold regime, fixed-term tenancies could only see a rent rise if the tenant agreed or a rent review clause allowed it, with periodic tenancies using the Section 13 route. Since 1 May 2026 there is one arrangement: every assured tenancy is periodic, and the Form 4A notice is the single mechanism for proposing an increase, once a year at most.

Challenging a Rent Increase

Tenants have the right to challenge a proposed rent increase if they believe it is above the open market rent. Under the current guidance, the challenge goes to the First-tier Tribunal, which took over the role the rent assessment committee used to play.

The tribunal will determine whether the proposed rent is higher than the open market rate for similar properties in the area. If it is, it can set the rent at the market level.

It's important for tenants to know their rights and understand the process of challenging a rent increase.

Implications of the Section 13 Notice for Landlords and Tenants

The Section 13 Notice has significant implications for both landlords and tenants. For landlords, it provides a legal framework for increasing rent, allowing them to adjust rental income in line with market trends or to cover increased property expenses. However, landlords must ensure that any proposed increase is fair and realistic, which can sometimes be a complex assessment.

For tenants, the Section 13 Notice serves as a protection against sudden and excessive rent increases. It gives tenants the right to challenge a proposed increase, providing a degree of security and stability. However, the process of challenging a rent increase can be time-consuming and potentially stressful.

Section 13 Notices: Details

The summary below describes section 13 as originally enacted. Since 1 May 2026 the Renters' Rights Act amendments sit on top of it: Form 4A is the notice, the minimum notice period is 2 months, increases run once a year at most, and challenges go to the First-tier Tribunal.

• Section 13 applies to two types of tenancies:
  • A statutory periodic tenancy, which is not currently an assured tenancy due to certain conditions outlined in Part I of Schedule 1 to the Act.
  • Any other periodic tenancy that is an assured tenancy, unless there is a provision that allows the rent for a particular period of the tenancy to be greater than the rent for an earlier period.
• The landlord can propose a new rent amount to take effect at the beginning of a new period of the tenancy by serving a notice to the tenant. This new period should not begin earlier than:
  • The minimum period after the date of the service of the notice.
  • The first anniversary of the date on which the first period of the tenancy began, in the case of an assured agricultural occupancy.
  • The date that falls 52 weeks after the date on which the first period of the tenancy began, in any other case.
  • The first anniversary of the date on which the increased rent took effect, if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14.
• The minimum period referred to is:
  • As originally enacted: six months for a yearly tenancy, one month for shorter periods.
  • Since 1 May 2026: a minimum of 2 months in every case, on Form 4A.
• The new rent specified in the notice will take effect unless:
  • The tenant refers the notice to the appropriate tribunal.
  • The landlord and tenant agree on a different variation of the rent or agree that the rent should not be varied.
• This section does not affect the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy, including a term relating to rent.

FAQ

Let's now address some of the most common queries related to the Section 13 Notice.

Case Study: Rent Increases in Practice

Consider the case of a landlord who owns a two-bedroom flat in London. After making significant improvements to the property, the landlord decides to increase the rent. They issue a Section 13 Notice to the tenant, proposing a 10% increase.

The tenant, believing the increase to be excessive, refers it to the First-tier Tribunal.

The tribunal reviews rents for similar properties in the area and determines the open market rent, which comes out below the landlord's proposed figure.

This case illustrates the importance of the Section 13 Notice in ensuring fair rent increases.

Conclusion

Understanding the Section 13 Notice is crucial for both landlords and tenants. It provides a legal framework for rent increases, ensuring that landlords can adjust their rental income while protecting tenants from sudden and excessive increases.

By knowing their rights and obligations under the Housing Act 1988, landlords and tenants can navigate the process of rent increases more effectively.

For landlords, the Form 4A cycle is now part of the annual rhythm of owning an investment property in England. Rent-setting is also worth checking before a purchase: the current rent and its next review date are part of the picture when weighing buy to let property for sale listings, and part of the sums on below market value properties that come with tenants in place.

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