How to Serve a Section 13 Rent Increase Notice in England 2026

From 1 May 2026, Section 13 of the Housing Act 1988 is the sole lawful mechanism for increasing rent on a periodic tenancy in England. No other method, a rent review clause in the tenancy agreement, a verbal agreement with the tenant, or a new tenancy agreement at a higher rent, constitutes a valid rent increase on a Periodic Assured Tenancy.

Why Section 13 is now the only valid route

Before 1 May 2026, landlords routinely increased rent at AST renewal, they simply offered a new fixed-term AST at a higher figure. If the tenant didn't accept, the landlord could serve a Section 21 and recover possession. Both of those options are gone. There are no more fixed-term renewals and no more Section 21. The only lawful rent increase mechanism on a PAT is Section 13.

• Rent review clauses in tenancy agreements that attempt to increase rent without a Section 13 notice are unenforceable on a PAT
• A 'voluntary agreement' to pay a higher rent without a Section 13 notice may not be enforceable if challenged at the tribunal
• Demanding a higher rent by invoice or letter without serving Form 4A does not legally bind the tenant
• Attempting to increase rent more than once in 12 months by any method is prohibited

Step 1: Check whether 12 months have elapsed since the last increase

You can only use Section 13 once in any 12-month rolling period. The 12 months is measured from the date the last rent increase took effect (not the date you served the last notice). If you increased the rent on 1 March 2026, you cannot serve a new Section 13 notice that takes effect before 1 March 2027.

• Check your records: when did the current rent level first apply?
• If the tenancy started at a certain rent and has never been increased, you can serve a Section 13 notice immediately (subject to the notice period)
• If you increased rent verbally in breach of Section 13, the position is uncertain, take advice before serving a fresh notice

Step 2: Decide on the proposed new rent

Your proposed rent should be within the range of comparable market rents for similar properties in the area. If you propose a figure above the market rate, the tenant will refer it to the First-tier Tribunal, which will set the rent at market value, potentially lower than your proposal and possibly lower than the current rent if the market has softened.

• Use Zoopla, Rightmove or OpenRent rental listings to compare similar properties in the same street or area
• Consider current void rates in the area, an above-market rent risks losing the tenant and a costly void
• The tribunal will set the rent at the market rent as of the date of the hearing, not the date of the notice

Step 3: Complete Form 4A

Form 4A is the prescribed notice for a Section 13 rent increase. It must be used exactly as prescribed, a landlord-created document that does not follow the form is invalid. You can obtain Form 4A from GOV.UK. Key requirements:

1. Enter the full name(s) of all tenants exactly as they appear on the tenancy agreement
2. Enter the full address of the property
3. State the current rent and the proposed new rent
4. State the proposed date on which the new rent is to take effect, this must be at least 2 months after the date of service of the notice, AND must fall on the first day of a period of the tenancy
5. Sign and date the form

Step 4: Serve Form 4A on all tenants

Section 13 notices must be served on all joint tenants individually. Service best practice:

• Hand delivery with a signed receipt (or posted through the letterbox with a timestamped photo)
• First-class post with a certificate of posting, deemed served on the second working day after posting
• Email only if the tenancy agreement expressly permits email service for statutory notices
• The 2-month notice period begins from the date of deemed service, not the date you signed the notice

Step 5: Wait for the notice period to run and handle any tribunal referral

After service, the tenant has until the proposed effective date to refer the notice to the First-tier Tribunal (Property Chamber). If they do not refer, the new rent takes effect automatically on the date stated in the notice. If they do refer:

• The new rent does not take effect while the referral is pending
• The tribunal will determine the market rent and set it as the new rent from the date of determination
• The tribunal can set the rent higher or lower than your proposal, it determines market value
• You cannot serve a further Section 13 notice while a referral is pending
• The tribunal determination is binding and sets the new rent for 12 months

Rent increase record-keeping

Keep a clear paper trail for every Section 13 notice:

• A copy of the completed Form 4A
• Evidence of service (receipt, certificate of posting, email read receipt)
• The proposed effective date
• A note of whether the tenant referred to the tribunal and the outcome
• Updated rent statements showing the new rent from the effective date