From 1 May 2026, Section 13 of the Housing Act 1988 is the only legal mechanism for increasing rent on any assured periodic tenancy in England. Rent review clauses are void. Informal agreements to increase rent are not valid. If you want more rent, you serve a notice. There is no other route.
This matters because the process has changed significantly under the Renters' Rights Act. The notice period has doubled. The tribunal rules have shifted in the tenant's favour. And early industry data suggests around one in five tenants intend to challenge every rent increase — regardless of whether they believe it is fair — because under the new rules, they have nothing to lose by doing so.
This guide covers the full Section 13 process step by step, the critical timing rules that will invalidate your notice if you get them wrong, what happens when a tenant challenges at the First-tier Tribunal, and the strategic implications you need to understand before serving your first notice under the new regime. This post is part of our complete Renters' Rights Act series.
In This Guide
- What Has Changed: The New Rules at a Glance
- The Section 13 Process: Step by Step
- Getting the Effective Date Right
- Why Tenants Will Challenge More Often
- What Happens at the First-tier Tribunal
- Initial Rent Determination: The First Six Months
- Transition Rules for Existing Tenancies
- Strategic Implications: How to Approach Rent Increases Now
- Frequently Asked Questions
What Has Changed: The New Rules at a Glance
| Rule | Before May 2026 | From May 2026 New |
|---|---|---|
| Methods of increasing rent | Section 13, rent review clause, renewal at higher rent, informal agreement | Section 13 only. All other methods abolished. |
| Notice period | 1 month (monthly tenancies) | 2 months minimum |
| Frequency | Once per 12 months | Once per 12 months — but 12-month clock resets on tribunal determination date, not notice date |
| Prescribed form | Form 4 | Form 4A — available on GOV.UK from 1 May 2026 |
| Tribunal can exceed landlord's proposed rent | Yes — tribunal could set a higher figure | No. Tribunal can only confirm or reduce. Maximum = landlord's proposed figure. |
| Backdating of tribunal-determined rent | Rent backdated to notice date | No backdating. New rent applies from determination date only. |
| Hardship deferral | Not available | Tribunal can defer increase by up to 2 additional months for undue hardship |
| Initial rent challenge | Only if rent 'significantly' above market — a high bar | Within 6 months, standard open-market test. Materially easier to challenge. |
| Rental bidding | Permitted | Banned. Advertised rent must be a fixed figure. Cannot invite or accept offers above it. |
| Rent in advance (new tenancies) | Could require multiple months upfront | Maximum one month's rent. Cannot accept any rent before agreement is signed. |
The Section 13 Process: Step by Step
Every step matters. Getting one wrong invalidates the notice — and you cannot serve another for 12 months.
Confirm you are eligible to serve
Verify three things before completing the form. First, at least 12 months must have passed since either the tenancy start date or the date the last Section 13 increase took effect — not the date you served the notice, but the date the increased rent actually started. Second, there must not be a current Section 13 notice already pending on this tenancy. Third, your tenancy deposit must be properly protected and the prescribed information served.
Research the market rent
The Section 13 notice proposes a new rent figure that must reflect the open-market rent for a similar property in a similar condition in the area. You do not submit evidence with the notice itself, but you need it ready in case of a tribunal challenge. Gather at least five to ten comparable lettings: current asking rents for similar properties in the same postcode, recently agreed rents, and documented differences in condition, size, specification, parking, or outside space.
Do not increase to the highest comparable you can find. Increase to a defensible market figure. If the tenant challenges and the tribunal sets the rent lower than your proposed figure, the 12-month clock resets from the tribunal's determination date — not from the date in your original notice. An aggressive overreach costs you time as well as money.
Complete Form 4A
From 1 May 2026, you must use Form 4A (Landlord's Notice Proposing a New Rent Under an Assured Periodic Tenancy), available on GOV.UK from 1 May. Do not use the old Form 4 for any notice served on or after 1 May — it will be invalid. The form requires the full names of all tenants exactly as they appear on the tenancy agreement, the property address, the proposed new rent, the effective date, and the date of the most recent rent increase. If there are joint landlords, all must sign unless the agreement authorises one to act for both.
Get the effective date right
This is the step that invalidates more Section 13 notices than any other. See the dedicated section below for the three conditions that must all be satisfied simultaneously.
Serve the notice correctly and retain proof
You can serve by first-class post, hand delivery, or process server, unless the tenancy agreement specifies a different method. Retain proof of service in every case: a certificate of posting from Royal Mail, a signed acknowledgement of receipt, or a process server's certificate. For postal service, allow two working days for deemed delivery — the two-month notice period runs from the deemed date of receipt, not the date of posting.
Wait for the tenant's response
The tenant accepts: they begin paying the new rent from the effective date. No further action required.
The tenant does nothing: if they do not respond and do not apply to the tribunal before the effective date, the increase is accepted by default.
The tenant challenges at the First-tier Tribunal: the old rent continues until the tribunal makes its determination. See the tribunal section below.
Getting the Effective Date Right
The effective date — the date the new rent starts — must satisfy all three of the following conditions simultaneously. Miss any one and the notice is invalid.
At least two months after service
The notice must be served at least two full months before the effective date. If you serve on 1 June, the earliest effective date is 1 August — not 30 July, not 31 July. Allow a buffer for postal service: add two working days for first-class post.
First day of a new tenancy period
The effective date must coincide with the first day of a new rent period. Find the tenancy start date in the original agreement and count forward in monthly intervals. If rent runs from the 15th, the effective date must be the 15th.
At least 12 months since the last increase
The effective date must be at least 52 weeks after the date the last Section 13 increase took effect. If a tribunal determined the last increase, the clock runs from the tribunal's determination date — not from the date in your original notice.
If any one of these three conditions is not met, the notice is invalid. You will need to start the process again — but depending on when your last increase took effect, you may not be able to serve a new notice for another 12 months. Count carefully. Use a calendar, not mental arithmetic.
Why Tenants Will Challenge More Often Under the New Rules
This is the section most landlord guides skip, and it is arguably the most important part of the new rent increase regime. The Renters' Rights Act has fundamentally changed the risk-reward calculation for tenants when challenging rent increases.
Under the old rules, tenants faced real risk in challenging
The tribunal could increase the rent above the landlord's proposed figure — so if the market rent was higher than what the landlord asked for, the tenant could end up paying more. The increased rent was also backdated to the effective date in the notice, meaning the tenant could owe a lump sum in arrears if the tribunal upheld the increase.
Under the new rules, both risks are eliminated
The tribunal can only confirm or reduce the rent — the maximum the tenant will ever pay is exactly what the landlord proposed. There is zero risk of a higher figure. And there is no backdating: the new rent applies only from the date the tribunal makes its determination. During the entire period between the original effective date and the tribunal hearing, the tenant continues paying the old, lower rent. In cases of undue hardship, the tribunal can defer the increase by a further two months beyond its determination date.
A tenant who challenges a rent increase gets to keep paying the lower rent for the duration of the tribunal process — currently 8 to 16 weeks depending on the region — and the worst possible outcome is that they end up paying exactly what the landlord originally asked for. There is no downside. Industry polling suggests around 22% of tenants plan to challenge every increase regardless of whether they consider it fair, simply because the process guarantees them months of lower rent with no risk of penalty.
If a tenant successfully challenges and the tribunal determines the rent, the 12-month clock for your next Section 13 notice resets from the tribunal's determination date. This means a challenge does not just delay the current increase — it pushes back every future increase too. A tenant who challenges annually can effectively stretch the gap between increases to 16–18 months. Factor this into your financial planning.
What Happens at the First-tier Tribunal
Tenant applies before the effective date. The application must be submitted before the date the new rent was due to start. The tenant should also notify the landlord they have applied, although this is not a strict legal requirement.
Tenant continues paying old rent. During the tribunal process, the tenant pays the existing rent. There is no obligation to pay the proposed increase until the tribunal makes a determination.
The tribunal assesses the open-market rent. The tribunal determines what the property would reasonably achieve if let on the open market under a new tenancy on the same terms. They consider comparable lettings evidence, the condition of the property (including any disrepair the landlord has failed to address), and any improvements the tenant has made at their own expense.
The tribunal sets the rent. They can confirm the landlord's proposed figure, or reduce it. They cannot increase it above what the landlord asked for. The maximum outcome for the landlord is the figure they proposed.
The new rent takes effect from the determination date. Not from the original effective date in the Section 13 notice. The landlord receives no backdated payment for the period between the original effective date and the tribunal hearing.
Hardship deferral (if applicable). If the tribunal considers the increase would cause undue hardship, it can delay the start of the new rent by up to two additional months beyond the determination date.
The government has reserved the right to introduce regulations allowing backdating of tribunal-determined rents to the original notice date if the tribunal system becomes overwhelmed with challenges. This is not currently in effect. Plan on the assumption that there will be no backdating.
Initial Rent Determination: The First Six Months
The Renters' Rights Act introduces a separate mechanism for tenants to challenge the initial rent in the first six months of a tenancy through Section 7 of the Act. This is distinct from challenging a Section 13 increase — it applies to the rent agreed at the start of the tenancy.
Under the old rules, tenants could challenge the initial rent under Section 22 of the Housing Act, but only if the rent was 'significantly higher' than comparable market rents — a high bar. The new test is the same standard open-market test used for Section 13 challenges, making it materially easier for a tenant to argue that the rent they agreed to pay is above market rate.
From 1 May, landlords and agents must advertise a fixed rent figure and cannot invite or encourage offers above it. If a tenant moves in at a rent that was inflated through competitive bidding — or simply set above the market — they can apply to the tribunal within six months to have it reduced to the open-market level. Overpricing creates a six-month window of vulnerability. This protection applies only to new tenancies entered into from 1 May — tenants whose tenancies convert on 1 May cannot use this mechanism to challenge their current rent.
Transition Rules: Existing Tenancies on 1 May 2026
- Section 13 notices (Form 4) served before 1 May 2026 remain valid. If you served a valid Form 4 before 1 May and the effective date falls after 1 May, the increase will still take effect as stated. You do not need to re-serve using Form 4A.
- Rent review clauses agreed before 1 May but taking effect after 1 May are void. Explicitly confirmed in government guidance. Even if the clause specifies a date and calculation method, it cannot be used. You must serve a Section 13 notice instead.
- The 12-month clock for existing tenancies does not restart on 1 May. If the tenancy started in August 2025, the 12-month period runs from August 2025 — not from May 2026. You could serve a Section 13 notice from August 2026, assuming no prior Section 13 increase has been made.
- The notice period changes from one month to two months on 1 May. Any Section 13 notice served from 1 May must give at least two months' notice. If the effective date of a notice served before 1 May falls on or after 1 May, check whether the notice period is sufficient under the new rules.
- The six-month initial rent challenge does not apply to existing tenancies. Tenants whose tenancies convert on 1 May cannot use the initial rent determination mechanism to challenge their current rent. This protection applies only to new tenancies entered into from 1 May 2026.
Strategic Implications: How to Approach Rent Increases Now
Price to market, not above it
The temptation will be to increase to the highest defensible figure, reasoning that the tribunal can only reduce it. But a tribunal challenge costs you time. If the determination takes three months, you have lost three months of the higher rent and your 12-month clock has reset from the determination date. A moderate, clearly defensible increase that the tenant is unlikely to challenge may yield more revenue over 24 months than an aggressive increase that triggers a tribunal application.
Maintain the property before you serve
The tribunal considers the property's condition when assessing market rent. Outstanding repairs, unresolved damp, or poor maintenance will be used to justify a lower rent determination. Every outstanding maintenance issue is ammunition for a tribunal challenge. Fix things before you serve the notice, not after. This is one of the most direct connections between property management quality and rental income.
Build your evidence file before you serve
You do not need to submit evidence with the Section 13 notice, but you need it ready for a tribunal hearing. Collect at least five to ten comparable lettings in the same postcode area: recent listings with rent amounts, property specifications, and dates. Photograph the condition of your property. Document any recent improvements or upgrades. If you have invested in the property, make sure you can prove it.
Communicate before you serve
Government guidance recommends discussing planned rent increases with tenants before serving the notice. This is not a legal requirement, but it is good practice. A tenant who understands why the rent is increasing — and who has seen the comparable evidence — is less likely to challenge reflexively. A tenant who receives a form in the post with no explanation is more likely to go straight to the tribunal. A clear covering letter can save you months.
Plan your increase calendar annually
With each tenancy limited to one increase per year, and with the two-month notice period and potential tribunal delays, rent increases need to be managed as an annual process. For a portfolio, create a schedule showing each tenancy's anniversary date, the earliest date you can serve a Section 13 notice, the earliest effective date, and the evidence you need to gather. Missing your window by a month means waiting another 12 months.
How Neon Manages Rent Increases For You
For managed landlords, we handle the entire Section 13 process from market research through to tribunal support if needed.
- Annual rent review calendar. We track every tenancy anniversary date and notify you 90 days before your earliest service window opens.
- Market rent analysis. We compile comparable evidence for each property, including current listings, recently let properties, and condition-adjusted assessments.
- Compliant Form 4A preparation and service. We prepare the notice, verify the effective date against all three timing requirements, and serve with proof of service retained digitally.
- Tenant communication. We discuss the increase with the tenant before serving, providing context and comparable evidence to reduce the likelihood of a tribunal challenge.
- Tribunal support. If the tenant challenges, we prepare the evidence bundle and support you through the hearing.
Frequently Asked Questions
Don't Leave Money on the Table — Or Walk Into a Tribunal Unprepared
The new rent increase rules are manageable, but only if you approach them systematically. A single timing error can cost you 12 months. A poorly evidenced increase can cost you months in tribunal delays and a reduced figure. The landlords who will do best under this regime are the ones who plan ahead, maintain their properties, and build evidence before they serve.