Rent review clauses were common in fixed-term Assured Shorthold Tenancies, typically a clause allowing the landlord to increase rent annually by CPI or a fixed percentage. When the RRA converted all existing ASTs to Assured Periodic Tenancies on 1 May 2026, these clauses became void. New periodic tenancies granted after that date cannot include enforceable review clauses either.
The practical implication is significant: landlords can no longer rely on a clause in their tenancy agreement to implement a rent increase. Every rent increase, regardless of what the tenancy agreement says, must now be initiated by serving a valid Section 13 notice (Form 4A) with the correct notice period.
Why rent review clauses are now unenforceable
Section 5 of the Renters' Rights Act 2025 amends the Housing Act 1988 to make Section 13 the exclusive route for rent increases on assured tenancies:
- The RRA inserts a new provision disapplying any term in an assured tenancy that provides for rent to increase otherwise than by the Section 13 procedure
- This applies to all assured tenancies, both new periodic tenancies granted after 1 May 2026 and existing ASTs that converted to Periodic Assured Tenancies on that date
- A clause purporting to allow a rent increase by mutual agreement in writing is not automatically unenforceable, genuinely consensual rent increases are still permitted. Only unilateral review mechanisms (where the landlord decides the increase without tenant consent) are prohibited
- The policy intent is to prevent landlords from bypassing the Section 13 process and its First-tier Tribunal safeguard
What Section 13 requires instead
Every rent increase must now go through the statutory Section 13 process:
- Serve Form 4A (Section 13 Notice of Rent Increase) on the tenant, the current statutory form prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations as amended
- The notice must propose a new rent figure, not a percentage increase or formula. The exact new monthly amount must be stated
- Minimum notice period: two months before the proposed start date of the new rent
- The increase can only take effect from the first day of a rent period, typically the monthly anniversary of the tenancy start date
- Only one Section 13 notice can take effect in any rolling 12-month period
- The tenant has the right to refer the proposed increase to the First-tier Tribunal before the notice takes effect
What happens if you still have a rent review clause in your tenancy?
If your existing tenancy agreement still contains a rent review clause, here is what to do:
- Do not implement a rent increase via the clause: Even if the clause says rent increases to a specific amount on a specific date, this is now unenforceable. Attempting to enforce it is an unlawful rent increase
- Remove the clause from your template: Any new tenancy you grant must not include an unenforceable review clause. Updated 2026 Periodic Assured Tenancy templates do not include void review mechanisms
- Serve Form 4A for any intended increase: Even if the clause says the rent increases on a specific date, you must still serve a valid Section 13 notice with the correct notice period
- Communicate clearly with your tenant: If the tenant is confused about whether the increase is valid, explain in writing that you are following the Section 13 process
Practical rent increase process for landlords from May 2026
A step-by-step guide to increasing rent lawfully under the new regime:
- Step 1, Check the 12-month window: Confirm that at least 12 months have passed since the last Section 13 notice took effect
- Step 2, Research the market rent: Check comparable rents in the area. The Tribunal will set the market rent if challenged, so a reasonable market-rate proposal is both fair and more likely to be accepted
- Step 3, Complete Form 4A: Fill in the statutory form with the new proposed monthly rent figure and the proposed start date (at least 2 months after service and the first day of a rent period)
- Step 4, Serve the notice: Serve Form 4A in accordance with the tenancy agreement service rules. Keep proof of service
- Step 5, Allow the notice period to elapse: If the tenant does not refer to the Tribunal, the new rent takes effect on the proposed start date
- Step 6, Update records: Update your rent schedule and standing order accordingly
Tenant right to challenge at the First-tier Tribunal
The Section 13 process comes with a tenant safeguard landlords must understand:
- Once a Section 13 notice is served, the tenant may refer the proposed increase to the First-tier Tribunal (Property Chamber) at any time before the proposed start date
- The Tribunal determines the market rent, which may be higher or lower than your proposed figure
- Referrals are relatively uncommon, most tenants who can afford market rent do not challenge
- A Tribunal determination sets the rent for 52 weeks from the date of determination, the landlord cannot serve a new Section 13 notice until that period expires
Frequently asked questions
Can I increase rent by mutual agreement without using Section 13?+
Yes, the ban is on unilateral contractual review mechanisms, not genuinely consensual rent increases. If both you and the tenant agree in writing to a new rent figure, this is a consensual variation and is not subject to the Section 13 process. However, you must be able to demonstrate it was genuinely consensual, any clause that allows the landlord to impose an increase without the tenant positive agreement is void. Always document a consensual variation in writing and keep a signed copy.
My tenancy agreement has a clause saying rent may be reviewed annually to open market rent, is this unenforceable?+
Yes, this is precisely the type of unilateral review clause that the Renters' Rights Act 2025 renders void. Even though the clause may seem reasonable, the landlord cannot enforce this without following the Section 13 process. The tenant does not have to agree to an increase simply because the tenancy agreement says so. You must serve Form 4A with the required notice period for any increase to take effect lawfully.
Does the Section 13 restriction apply to new tenancies granted after 1 May 2026?+
Yes. The Renters' Rights Act applies to all assured tenancies in England from 1 May 2026, both existing tenancies that converted on that date, and new tenancies granted on or after 1 May 2026. New tenancies should not include contractual rent review clauses. The correct approach is to use a compliant 2026 Periodic Assured Tenancy Agreement that does not include void review provisions.
What if my tenant refuses to acknowledge the Section 13 notice?+
A Section 13 notice takes effect automatically if the tenant does not refer it to the First-tier Tribunal before the proposed start date, the tenant does not need to sign or acknowledge anything. Keep proof of service (a certificate of posting, signed delivery confirmation, or witness statement). If the tenant makes no referral and the proposed start date passes, the new rent is legally in force. Update your bank records and standing order accordingly.