How landlords must issue rent increases under the Renters’ Rights Act

From 1 May, the way in which private landlords can increase rent will change fundamentally. The ability to rely on a contractual rent review clause – whether linked to a fixed percentage, the retail prices index or the consumer prices index – will come to an end. For all private rented sector tenancies, rent increases must instead follow the statutory process under section 13 of the Housing Act 1988.

The end of contractual rent review clauses

From 1 May 2026, any rent review clause in an existing or new tenancy agreement will be void and unenforceable. This applies regardless of when the tenancy was entered into. Importantly, government guidance confirms that any rent increase agreed before 1 May 2026 under a rent review clause, but which was due to take effect after that date, will not be permitted. Landlords who are relying on scheduled contractual increases should take note of this now.

The section 13 process

Under the revised section 13 procedure, a landlord who wishes to increase rent must serve a formal notice on the tenant using the prescribed form. From 1 May 2026, this will be a new Form 4A, replacing the current Form 4. The notice must state the proposed new rent and the date from which it is intended to take effect.

The key requirements are:

• Frequency: Rent can only be increased once every 12 months. A landlord cannot serve a further section 13 notice until at least 52 weeks have passed since the last increase took effect.
• Notice period: At least two months’ notice must be given before the increase can take effect. The new rent must take effect at the beginning of a rent period, and landlords must calculate this carefully, as an incorrectly dated notice will be invalid.
• Market rate: The proposed increase must reflect open market rents for comparable properties in the local area. Section 13 does not permit a landlord to set an arbitrary figure.

Tenant challenges

Tenants have the right to challenge a proposed rent increase by making an application to the First-tier Tribunal (Property Chamber) free of charge, during the two-month notice period. If a challenge is made, the increase will not take effect until the Tribunal has determined the appropriate market rent. Critically, any Tribunal-determined rent will no longer be backdated to the date specified in the landlord’s notice, but will take effect after the Tribunal’s decision. Given current pressures on the Tribunal system, landlords should plan ahead and allow for the possibility of delays.

If a tenant makes a challenge, the next rent increase cannot take effect until at least 52 weeks after the date on which the Tribunal-determined rent first applied. This creates an incentive for tenants to challenge increases, and landlords should be prepared to justify any proposed increase with evidence of comparable local rents.

Practical steps for landlords

Landlords should familiarise themselves with the section 13 process before May 2026, identify the relevant rent period dates for each tenancy, and ensure that any planned increase is based on a realistic assessment of local market conditions. Using the wrong form, specifying an incorrect start date, or failing to give sufficient notice are among the most common reasons a notice will be invalidated.

Tenancy dispute support

Attwater’s Dispute Resolution team can advise landlords on the correct procedure for rent increases and assist where a tenant has referred a proposed increase to the Tribunal. To discuss any tenancy issues, email disputeresolution@attwaters.co.uk or call 0203 871 0110.