Since 1 May 2026, landlords in England must use the statutory Section 13 process to increase the rent of an assured periodic tenancy. They must serve the prescribed Form 4A, give at least two months’ notice and cannot increase the rent more than once a year or during the tenancy’s first year.
A tenant who considers the proposed figure higher than the open market rent can apply to the First-tier Tribunal before the increase is due to begin. The application currently costs £47, although help with fees may be available. The tribunal can set the rent below or at the amount proposed by the landlord, but not above it.
Our civil litigation solicitors can review the notice, evidence and application deadline.
What the current rules require
Rent review clauses cannot be used to impose a new increase after 1 May 2026. Landlords must follow the Section 13 procedure even where the parties have discussed or provisionally agreed a different rent.
The wider changes are explained in our guide to section 21 going for London landlords and tenants and the official Guide to the Renters’ Rights Act.
| Rule | What it means |
|---|---|
| One increase each year | A new increase cannot normally take effect within 52 weeks of the previous increase |
| First-year protection | The landlord cannot increase the rent during the tenancy’s first year |
| Form 4A | The prescribed Section 13 notice must be completed and served correctly |
| Two months’ notice | The proposed start date must be at least two months after service |
| Open market rent | The figure should reflect what the property could reasonably achieve on a new letting |
| Tribunal challenge | The tenant must apply before the proposed new rent begins |
| Maximum tribunal award | The tribunal cannot set more than the landlord proposed |
| Effective date | A decision made after the proposed date normally applies from the next rent-payment date |
How tenants can challenge an increase
A tenant should apply for an open market rent determination before the start date shown on Form 4A. Missing that deadline will usually mean losing the opportunity to challenge that notice.
Evidence should address the property’s location, size, condition, facilities, furnishings and comparable local rents. Advertisements from property websites may help, but evidence of rents actually agreed for similar homes is generally stronger.
A rent determination is made by the First-tier Tribunal, not through the housing ombudsman and court routes. The application may be decided from written evidence, although an inspection or hearing can be arranged. Our commentary on the pressure on the courts and tribunals explains why parties should prepare promptly.
What landlords should do
Landlords should research comparable properties before selecting a new rent and retain evidence supporting the figure. Form 4A must contain the correct tenant, property, rent and start-date details.
A tenant should continue paying the existing lawful rent while the application is pending. A challenge does not give permission to stop paying altogether. Genuine arrears may eventually lead to possession hearings or a separate debt recovery service.
Both parties can still try to reach an agreement, but the landlord should complete the statutory process correctly before relying on an increase.
Repair concerns remain separate from the rent determination. Problems such as damp and mould may give tenants other legal remedies, but they do not automatically invalidate a properly served rent notice.
Frequently asked questions
How much notice must a landlord give?
At least two months using Form 4A for notices served from 1 May 2026.
Can the tribunal increase the rent above the landlord’s proposal?
No. It can determine the same or a lower open market rent.
Is the tribunal’s decision backdated?
If the decision is made after the proposed start date, the new rent will usually begin on the next payment date after the decision rather than being backdated.
How often can rent be increased?
Normally once every 12 months, and not during the first year of the tenancy.
Get advice before taking action
Our solicitors in North London can assess a rent notice or tribunal application. Landlords holding property within a family estate should also keep their will and future probate arrangements under review.