Renters' Rights Act 2025, Phase 1 commencement
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England · Section 13 · Renters' Rights Act 2025

Section 13 Rent Increases and First-tier Tribunal Challenges — Landlord Guide 2026

From 1 May 2026, rent on a Periodic Assured Tenancy can only be increased via a Section 13 notice (Form 4A). Tenants can challenge the proposed increase at the First-tier Tribunal. This guide explains the process, how tribunals set the market rent, and how landlords can prepare a successful case.

9 min readUpdated 31 May 2026Last reviewed: 17 May 2026Section 13Rent IncreaseFirst-tier TribunalAPT

From 1 May 2026, the Renters' Rights Act 2025 restricts rent increases on Periodic Assured Tenancies to once per year, via a Section 13 notice using Form 4A. Tenants have the right to refer any proposed increase to the First-tier Tribunal (Property Chamber) for a market rent determination. For landlords, this means rent increases must be defensible — and preparing properly for a potential Tribunal challenge is now part of the rent review process.

How Section 13 rent increases work under the RRA 2025

  • Form 4A required: A Section 13 rent increase notice must use the prescribed Form 4A (updated for the RRA 2025). The old Form 4 is invalid from 1 May 2026
  • 2 months' advance notice: The notice must give at least 2 months' advance notice before the proposed new rent takes effect
  • Once per year: Rent can only be increased once in any 12-month period on a PAT. A second Section 13 notice served within 12 months of the last increase (or a previous notice) is invalid
  • Proposed date must be a 'new period' start: The new rent must be proposed to take effect at the start of a new rental period (typically the first day of a calendar month for monthly-paying tenants)
  • Tenant challenge right: The tenant can refer the notice to the First-tier Tribunal at any time before the proposed start date. Once referred, the proposed rent is suspended until the Tribunal determines the market rent

The First-tier Tribunal process

The First-tier Tribunal (Property Chamber) — Residential Property determines market rents for referred Section 13 notices. The process typically takes 8–16 weeks from the date of referral to a final determination.

  • Referral by tenant: The tenant completes Form Rents 1 and submits it to the Tribunal before the proposed increase date. The Tribunal notifies the landlord. The proposed rent is automatically suspended from the referral date
  • Written submissions: Both parties submit written evidence. The landlord should provide comparable rental evidence (comps) from the local market, supporting the proposed increase as a market rent
  • Inspection: The Tribunal may inspect the property to assess its condition and location
  • Hearing: Many straightforward cases are determined on the papers without a hearing. Complex or high-value cases may have an oral hearing
  • Determination: The Tribunal determines the open market rent — what a willing landlord would accept and a willing tenant would pay for the property, on a PAT, in the current market. The determined rent can be higher than, equal to, or lower than the proposed rent
  • Effective date: The determined rent normally takes effect from the date the original Section 13 notice would have come into force, or the date the tenant referred it, depending on the Tribunal's decision

How tribunals determine market rent

The Tribunal applies an open market rent standard. Key factors that influence the determination include:

  • Comparable lettings: The Tribunal looks at recent lettings (typically within the last 6–12 months) of comparable properties in the same area — similar size, type, condition, and location
  • Property condition: A property in good repair commands a higher market rent than a comparable property in disrepair. Awaab's Law non-compliance and outstanding repair issues can reduce the determined rent
  • Fixtures and fittings: High-specification kitchens, bathrooms, and fitted appliances support a higher market rent
  • Location advantages: Proximity to transport, schools, amenities, and employment centres supports higher rents
  • Exclusions: The Tribunal excludes from the market rent any element attributable to tenant improvements made at their own cost

Preparing a strong landlord case

If a tenant refers your Section 13 notice to the Tribunal, the following evidence will support your case for the proposed rent:

  • Comparable letting evidence: Gather at least 3–5 recent comparable lettings from online portals (Rightmove, Zoopla, SpareRoom) for similar properties in the same postcode area, with asking or let-at prices, dates, and property specifications. Screenshot or print-save the listings before they expire
  • Local market report: A short market commentary from a local RICS-registered letting agent confirming the current market rent range for the property type can be persuasive
  • Property condition evidence: Photographs showing the current condition of the property, any recent improvements (new kitchen, bathroom, double glazing), and the quality of fixtures support a higher market rent
  • Maintenance records: Evidence that the property is well-maintained and all statutory certificates (EICR, Gas Safety, EPC) are current demonstrates landlord competence and supports the property's value
  • The Section 13 notice itself: Ensure Form 4A was completed correctly and served validly. An invalid notice will be dismissed by the Tribunal regardless of the merit of the proposed rent

Strategic considerations before serving Section 13

  • Research the market before serving: If comparable evidence does not support the proposed increase, the Tribunal may determine a lower rent than the current one. Research market rents carefully before serving
  • Consider the relationship: A rent increase challenge is adversarial. Where a long-standing, reliable tenant is paying materially below market, a modest increase with a clear market justification is less likely to generate a challenge than a large jump
  • Only once per year: Plan the timing of Section 13 notices carefully. If you serve too early or get the date wrong, the notice may be invalid and you cannot serve again for 12 months
  • Document everything: Keep a copy of every Section 13 notice served, with proof of service (recorded delivery receipt or email read receipt)

Sources

This guide is accurate as at 31 May 2026. It is provided for information purposes only and does not constitute legal advice.

Frequently asked questions

Can a landlord withdraw a Section 13 notice if the tenant challenges it at the Tribunal?+

Yes. A landlord can withdraw a Section 13 notice at any time before the Tribunal hearing. If withdrawn, the rent stays at the existing level and the landlord cannot serve a new Section 13 notice for 12 months from the date of the withdrawn notice. Consider whether the proposed increase is defensible at a hearing before serving.

What happens if the Tribunal sets a rent lower than what the landlord proposed?+

The Tribunal's determination is binding. If the Tribunal determines a market rent lower than the proposed increase — or even lower than the current rent — the landlord must accept that determination. The new rent takes effect from the date specified in the Tribunal's order, which is typically the date the Section 13 notice would have taken effect.

Can a landlord charge above the Tribunal-determined market rent?+

No. The Tribunal-determined rent is the maximum lawful rent for that tenancy. Any contractual provision purporting to charge above the determined rent is unenforceable. Charging above the determined rent may constitute an unlawful rent increase attracting a civil penalty.

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