Rent review clauses in tenancy agreements are no longer enforceable for assured periodic tenancies in England. The only valid way to increase rent is via Form 4A (Section 13 notice).
1. The Rule Change from 1 May 2026: Why Rent Review Clauses No Longer Work
Before the Renters' Rights Act 2025 came into force on 1 May 2026, landlords could increase rent on a periodic tenancy either by using a contractual rent review clause in the tenancy agreement, or by serving a Section 13 notice using Form 4 (the old form).
From 1 May 2026, the Renters' Rights Act 2025 removed the contractual route for assured periodic tenancies. Rent review clauses are no longer enforceable for these tenancies. The only valid method is now the statutory Section 13 process using the new Form 4A.
If your tenancy agreement contains an automatic rent increase clause (e.g. 'rent increases by 3% each April'), you cannot rely on it. You must serve Form 4A. This applies to all assured periodic tenancies in England — including statutory periodic tenancies that arose automatically at the end of a fixed term.
2. Key Rules: What You Can and Cannot Do
The minimum notice period
You must give at least 2 months' notice before the rent increase takes effect. The notice period starts from the date of service on the tenant, not the date you completed the form. The effective date of the increase must fall on the first day of a rent period.
One increase per year maximum
You cannot serve a Section 13 notice to increase rent more than once in any 52-week period. If you increased rent using Form 4A in January 2026, you cannot serve another Form 4A until January 2027.
No increase in the first year
You cannot use Section 13 to increase rent during the first year of the tenancy. For statutory periodic tenancies that arose at the end of a fixed term, the 12-month clock restarts from the date the periodic tenancy began.
New rent must reflect open market rate
The new rent you propose must be a genuine reflection of the open market rent for the property. If the tenant challenges it at the Tribunal, the Tribunal will assess market rate. A proposed rent significantly above market rate will be reduced to the Tribunal's assessment.
What Section 13 does NOT apply to
- Fixed-term tenancies still in their original fixed term (you cannot use Form 4A during a fixed term)
- Excluded tenancies: high-value tenancies above the upper rent limit, holiday lets, company lets, resident landlord arrangements
- Tenancies in Wales (use the Renting Homes (Wales) Act 2016 process instead)
- Tenancies in Scotland or Northern Ireland (separate devolved housing legislation applies)
3. How to Serve a Section 13 Notice (Form 4A) — Step by Step
Step 1: Confirm eligibility
Check that the tenancy is an assured periodic tenancy in England, the tenancy is at least 12 months old, and no Form 4A rent increase has been made in the past 52 weeks.
Step 2: Download Form 4A
Download the current Form 4A from gov.uk. Only use the version prescribed after 1 May 2026. The old Form 4 (pre-2026) is no longer valid.
Step 3: Complete the form correctly
Fill in every required field:
- Full address of the property
- Full name(s) of every adult tenant named on the tenancy agreement
- Current contractual rent (the rent being paid now)
- Proposed new rent (must reflect open market rate)
- Proposed effective date of the new rent (must be at least 2 months from service date AND must fall on the first day of a rent period)
Sign and date the form. Do not leave any mandatory fields blank.
Step 4: Serve on every named tenant
You must serve Form 4A on every adult tenant named on the tenancy agreement. Valid serving methods:
- Email: Attach Form 4A as a PDF — do not paste in the form content or send a link. Send to each tenant's confirmed email address. Keep the sent-item as evidence.
- Post: Send a printed copy by first class post with a Certificate of Posting or tracked receipt.
- Hand delivery: Deliver in person and ask the tenant to sign a receipt confirming the date they received it.
Step 5: Wait
The minimum notice period is 2 months. The tenant can apply to the First-tier Tribunal (Property Chamber) to challenge the proposed rent. If no challenge is made, the new rent takes effect automatically on the date stated in the Form 4A.
Step 6: Update your records
Keep the original Form 4A and proof of service in the tenancy file permanently — you may need it to defend arrears proceedings or demonstrate compliance.
4. Tenant Challenge: What Happens If the Tenant Refers to the Tribunal?
After receiving a Form 4A, the tenant has the right to apply to the First-tier Tribunal (Property Chamber) to determine the correct market rent. The application must be made before the effective date of the increase.
The Tribunal will assess the open market rent for the property — it can reduce the proposed increase if it exceeds market rate, but cannot set rent below the current market rate. If the determination comes after the effective date (because proceedings took time), the Tribunal's figure applies from the original effective date — any overpayment by the tenant must be refunded.
5. Get the Section 13 Notice Pack from LetSafe UK
LetSafe UK's Section 13 Rent Increase Pack (LS-E-011) contains everything you need to increase rent correctly under the Renters' Rights Act 2025 framework:
- Pre-filled Form 4A template — complete with all required fields and correct prescribed wording
- Rent-increase calculator — works out your earliest valid effective date based on rent payment dates and the 2-month rule
- One-per-year tracker — confirms you are not in the 52-week cooling-off period
- Proof-of-service template — records the serving method, date, and tenant name for your file
- Plain-English guide to Tribunal challenge rights
Sources and Legislation
- Housing Act 1988 s.13 — Increase of rent under assured periodic tenancies
- Renters' Rights Act 2025 (legislation.gov.uk/ukpga/2024/13)
- gov.uk: Assured tenancy forms — Form 4A download
This guide is accurate as at 21 May 2026. It is provided for information purposes only and does not constitute legal advice.