Section 13 notice

Why it matters

For landlords, correctly issuing a Section 13 notice is essential for lawfully increasing rental income to cover rising costs, such as mortgage interest, maintenance, or inflation. Failure to follow the prescribed procedure can render a rent increase invalid, leading to disputes, lost income, and potentially costly tribunal proceedings. Understanding this process protects your investment and ensures compliance with the latest housing legislation, safeguarding your financial stability and reputation as a landlord.

Legal requirements

• The rent increase must only be proposed for an assured periodic tenancy.
• A Section 13 notice can only be served once every 12 months for the same tenancy.
• The notice must be given in the prescribed form (Form 4), as stipulated by government regulations.
• Landlords must provide at least two months' written notice before the proposed new rent takes effect.
• The new rent must take effect on a rent day, which is the day of the month on which rent is due.
• If the tenancy agreement specifies a rent review clause, a Section 13 notice cannot be used; the existing clause must be followed.
• The proposed rent increase must reflect a reasonable market rent for the property.
• Tenants have the right to refer the proposed rent increase to the First-tier Tribunal (Property Chamber) before the effective date.
• The tribunal's decision is binding on both landlord and tenant.
• In some cases, if the tenancy has been ongoing for less than a year, the landlord may be restricted to increasing rent only if a specific rent review clause exists in the original agreement.

Common mistakes

• Failing to use the correct prescribed Form 4 for the Section 13 notice.
• Proposing a rent increase more frequently than once every 12 months for the same tenancy.
• Giving less than the statutory two months' notice period for the increase to take effect.
• Setting the effective date of the new rent on a day that is not a rent day.
• Attempting to increase rent via Section 13 when the tenancy agreement contains its own valid rent review clause.
• Proposing a rent increase that is significantly above the local market rate, inviting a tenant challenge at the tribunal.
• Not retaining proof of postage or service of the Section 13 notice, making it difficult to evidence compliance.
• Failing to understand the tenant's right to challenge the rent at the First-tier Tribunal.
• Serving a Section 13 notice on a new tenancy within the first year if there is no explicit rent review clause in the agreement.
• Including additional charges or fees within the proposed 'rent' that are not permitted under the Tenant Fees Act 2019.

Practical guidance

• Review your tenancy agreement to confirm it's an assured periodic tenancy and check for any existing rent review clauses.
• Research local market rents thoroughly by reviewing comparable properties in the area that have recently let.
• Download and accurately complete the latest prescribed Form 4 from the government's official website.
• Calculate the earliest possible effective date for the new rent, ensuring at least two months' notice and that it falls on a rent day.
• Serve the Section 13 notice formally, ideally by first-class post or hand delivery, retaining proof of postage or a signed acknowledgment.
• Maintain clear and respectful communication with your tenant about the proposed increase, explaining your reasons if appropriate.
• Be prepared to justify your proposed rent increase with evidence of market rates if the tenant refers the matter to the First-tier Tribunal.
• Ensure all required safety certificates – such as gas safety, electrical safety, and EPC – are valid and up to date, as non-compliance can impact your ability to serve notices.
• Consider professional advice if you are unsure about any aspect of the Section 13 process or if the tenant disputes the increase.
• Keep detailed records of all correspondence, dates, and evidence related to the rent increase for future reference.

Understanding the Assured Periodic Tenancy and Rent Reviews

The Renters' Rights Act 2025 significantly reformed the landscape for residential tenancies in England, abolishing assured shorthold tenancies and transitioning most existing tenancies to assured periodic tenancies. Under this reformed regime, a Section 13 notice becomes the standard legal route for landlords to propose a rent increase once any fixed term has ended and the tenancy has become periodic, or if the tenancy was created as a periodic tenancy from the outset. It is critical to distinguish this from rent review clauses explicitly written into a tenancy agreement. If a valid rent review clause exists and specifies a mechanism for increasing rent, that clause must be followed instead of issuing a Section 13 notice. Landlords should always consult their specific tenancy agreement to determine the correct procedure, particularly during the first year of a tenancy where an increase might be restricted if no specific rent review clause is present. For further information on the current tenancy types, refer to our page on a periodic tenancy.

The Prescribed Form and Notice Periods

The law mandates that a Section 13 notice must be given using a specific document: Form 4, titled 'Notice of landlord's proposal to increase rent under an assured periodic tenancy'. Using any other document or informal communication to propose a rent increase will render the increase unlawful. Landlords must ensure they use the most current version of Form 4, which is available on GOV.UK. A crucial aspect of serving a Section 13 notice is adhering to the notice period. Landlords must provide at least two months' written notice before the proposed new rent can take effect. Furthermore, the effective date of the new rent must align with a 'rent day' – that is, the day of the month on which rent is normally due. For example, if rent is paid on the 10th of each month, the new rent must take effect on the 10th. Careful calculation of these dates is vital to ensure the notice is valid.

Tenant's Right to Challenge at the First-tier Tribunal

A key protection for tenants under the Section 13 process is their right to challenge a proposed rent increase. If a tenant believes the proposed new rent is higher than the market rent for comparable properties in the area, they can apply to the First-tier Tribunal (Property Chamber) for a determination. This application must be made before the date the proposed new rent is due to take effect. Once an application is made, the tribunal will assess the market rent for the property. Importantly, the tribunal cannot set a rent higher than the amount proposed by the landlord in the Section 13 notice. However, they can decide that the market rent is lower than the proposed amount, or even lower than the current rent, and set a new rent accordingly. Landlords should be prepared to provide evidence of local market rents to support their proposal if a challenge arises. Further details can be found on our First-tier Tribunal (Property Chamber) page.

Differences in Scotland, Wales, and Northern Ireland

Housing law is a devolved matter, meaning the rules for rent increases differ significantly across the UK. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 governs private residential tenancies, which largely replaced assured and short assured tenancies. Rent increases typically require at least three months' notice and are subject to specific rules on frequency and adjudication by a Rent Officer or First-tier Tribunal for Scotland (Housing and Property Chamber). In Wales, the Renting Homes (Wales) Act 2022 introduced 'occupation contracts', replacing assured tenancies. Rent increases for standard contracts require a minimum of two months' notice, and contract-holders have similar rights to challenge increases at the Rent Tribunal. In Northern Ireland, the tenancy regime still includes assured tenancies. Landlords must provide at least four weeks' notice for rent increases, and tenants may apply to a rent officer to challenge proposed increases. Landlords operating in these regions must consult the specific legislation applicable to their property's location.