Under the Renters' Rights Act 2025, all rent increases for Periodic Assured Tenancies in England must be made using the Section 13 statutory procedure. Landlords can no longer use contractual rent review clauses, rent escalators, or any other mechanism — Section 13 is the only lawful route. The tenant has the right to refer any proposed increase to the First-tier Tribunal (Property Chamber), which will determine the market rent.
Contractual rent review clauses are void
Any clause in a Periodic Assured Tenancy Agreement purporting to increase rent without following the Section 13 procedure — including CPI or RPI escalators — is void and unenforceable. You must use Form 4A and give at least 2 months' notice for every rent increase.
The Section 13 procedure — step by step
- Step 1: Obtain or download Form 4A (Notice of Increase of Rent) from gov.uk — ensure you use the current version
- Step 2: Complete the form with the current rent, the proposed new rent, and the date on which the increase is to take effect
- Step 3: The proposed effective date must be at least 2 months after the date the notice is served on the tenant
- Step 4: Serve the notice on the tenant — by post (first-class), hand, or email (if the tenancy agreement permits email service). Add 2 working days for postal service to the deemed receipt date
- Step 5: If the tenant does not refer the notice to the First-tier Tribunal before the effective date, the new rent takes effect automatically on that date
- Step 6: If the tenant refers to the FTT, the tribunal will determine the market rent — which may be higher, the same, or lower than proposed. Keep records of comparable market rents to support your proposed figure
Timing restrictions — once per 12 months
- A Section 13 notice cannot take effect less than 12 months after the last rent increase (whether by Section 13 or by agreement)
- For a new tenancy: the first Section 13 notice cannot take effect less than 12 months after the tenancy start date
- You cannot serve a Section 13 notice if one is already pending (i.e. the previous notice's effective date has not yet passed)
- The 12-month restriction is strictly enforced — a Section 13 notice served too early is invalid and the proposed increase does not take effect
First-tier Tribunal referral — what to expect
- The tenant must refer the notice to the First-tier Tribunal (Property Chamber) before the effective date stated on Form 4A — they cannot challenge after the date has passed
- The FTT determines the 'open market rent' — the rent a willing landlord would accept from a willing tenant on the open market at that date
- Evidence you should prepare: comparable rental listings (3–5 properties of similar size, location, and condition), letting agent market reports, historical rent data
- The tribunal can set a rent higher than the landlord proposed — if comparable market rents have risen significantly, the tribunal may set a higher figure
- The tribunal's determination sets the new rent from the original effective date on Form 4A — there is no gap in the rent increase process while the tribunal considers the case
What landlords must not do
- Do not increase rent by varying the tenancy agreement — a deed of variation to increase rent is lawful between consenting parties but cannot replace Section 13 if the tenant does not agree
- Do not serve a Section 13 notice with less than 2 months' notice — the notice is invalid
- Do not attempt to impose a rent increase without a notice — collecting a higher rent without a valid Section 13 notice is unlawful and the tenant can recover the overcharge
- Do not retaliate against a tenant who refers the notice to the FTT — using possession proceedings as retaliation for exercising a statutory right is a ground for dismissal of the possession claim