Under the Renters' Rights Act 2025, every English tenancy is periodic from day one and every rent increase must go through the statutory Section 13 procedure. Contractual rent-review clauses no longer bite. Escalator clauses are unenforceable. If you want to increase the rent, you must serve the prescribed form, wait out the statutory notice period, and give the tenant the right to refer the proposed new rent to the First-tier Tribunal.
Get this wrong and the increase is invalid — the tenant keeps paying the old rent. The LetSafe Section 13 Rent Increase Pack gives you the prescribed form, a market-rent evidence template, and tribunal referral guidance. One purchase, £19, instant download.
When you can and cannot use Section 13
Section 13 applies to periodic assured tenancies only. Since the RRA 2025 all English assured tenancies are periodic, so Section 13 covers the entire English market. There are still important restrictions.
- Minimum interval. You cannot use Section 13 more than once in any 12-month period.
- Notice period. The new rent cannot take effect until the beginning of a period at least one month after service. In practice, most landlords serve with a clear month plus a buffer.
- Market rent cap. The new rent must not exceed the open-market rent for the property. If the tenant refers the notice to the First-tier Tribunal, the tribunal can only set a rent at or below the market rate — it can reduce, but not increase, the proposed rent.
- First 12 months. You cannot serve Section 13 during the first year of the tenancy unless the previous rent was set by a Section 14 tribunal determination.
What the prescribed Section 13 notice must contain
The Section 13 notice is the prescribed Form 4 (England). The content and layout are set by statutory instrument — a notice that is not 'substantially to the same effect' will be invalid.
- Name and address of landlord and tenant
- Address of the dwelling house
- The current rent and rental period
- The proposed new rent and the date from which it will be payable
- Information about the tenant's right to refer the notice to the First-tier Tribunal
- Signature of the landlord (or agent with written authority) and the service date
Evidencing the market rent
If the tenant refers the Section 13 notice to the First-tier Tribunal, the tribunal will compare the proposed rent against comparable lettings. You should build a market-rent evidence file before serving — not after the tenant refers.
The LetSafe template includes an evidence grid: three to five comparable local lettings, with size, condition, and asking rent, and a weighted comparison against the subject property. If the tribunal sees you did the work, a sensibly-pitched increase usually holds.
What happens if the tenant refers the notice to the Tribunal
The tenant has until the date the new rent would take effect to apply to the First-tier Tribunal (Property Chamber). Once an application is made, the proposed rent is suspended pending the determination.
The tribunal sets the rent at the figure it determines is the open-market rent — which may be the figure you proposed, or lower. The tribunal cannot set the rent higher than the amount in your Section 13 notice. The determined rent takes effect from the date specified in your notice (or a later date if the tribunal decides it would cause hardship).
Common Section 13 mistakes that make the notice invalid
Courts and tribunals routinely strike out Section 13 notices for paperwork failures. Avoid these:
- Proposed effective date not aligned with the start of a rental period
- Less than one clear month between service and the effective date
- Using an old version of the prescribed form (content frequently updated)
- Serving within 12 months of the last Section 13 notice
- Pitching the rent above market rate — the tribunal will cap it, but the process costs you months of under-increased rent
Frequently asked questions
How often can I raise the rent using Section 13?+
Once every 12 months per tenancy. You cannot serve a second Section 13 notice within 12 months of the previous one. The clock runs from service date to service date.
How much notice do I need to give for a Section 13 rent increase?+
The new rent cannot take effect until the beginning of a rental period that starts at least one month after you serve the notice. Most landlords give a clear calendar month plus a buffer to avoid disputes over the effective date.
Can the tenant refuse the Section 13 rent increase?+
The tenant cannot refuse it directly. They can either accept it by paying the new rent on the effective date, or refer the notice to the First-tier Tribunal (Property Chamber). The tribunal can reduce the rent to market rate, but cannot increase it above the amount you proposed.
What if my tenancy agreement has its own rent-review clause?+
Under the Renters' Rights Act 2025, contractual rent-review clauses in residential tenancies are disapplied. The only valid route to increase rent is Section 13 of the Housing Act 1988. Rent-escalator clauses in old ASTs cannot be enforced after the implementation day.
Does Section 13 apply in Wales, Scotland or Northern Ireland?+
No. Section 13 is English legislation. Wales uses the rent-variation procedure under the Renting Homes (Wales) Act 2016. Scotland has its own rent-increase mechanism under the Private Housing (Tenancies) (Scotland) Act 2016. Northern Ireland follows the Private Tenancies Act (NI) 2022.