Raising the Rent the Right Way: A Simple Guide to Section 13 and Avoiding Tribunal Pushback

Under the new Renters’ Rights Act 2025, Section 13 has become the sole means of legally increasing rent in the private rental sector. 

Tenants can also challenge the rent payable within the first six months of the term. 

The government intends to stop landlords from using rent increases as a backdoor way of evicting tenants. It also regulates rent increases to ensure they align with market rates, creating a fairer environment for tenants.

This article considers the implications of these rules for landlords and tenants, including procedures and processes, as well as strategies to avoid common mistakes.

If you are a landlord dealing with a difficult situation with a tenant and you need legal advice, our property litigation team at Helix Law has decades of experience handling similar issues. Reach out to our team today; we are happy to help.

Understand Section 13 in Practice: What Landlords and Tenants Should Know

Previously, landlords were able to increase rent via a rent review clause in their tenancy agreement.

Many lets used to be based on an Assured Shorthold Tenancy (AST), which has a fixed term. The Renters’ Rights Act abolishes ASTs, and from 1st May 2026, all tenancies are periodic.

A periodic tenancy is a tenancy without a fixed end date, so a monthly rolling contract. 

Now, the only way a landlord can increase a tenant’s rent with effect from 1st May 2026 is by using a Section 13 notice and giving the tenant two months’ notice. 

Rent can only be increased once every 52 weeks.

Form 4: Required Information and Submission Methods

Rent increases via Section 13 require a landlord or letting agent to complete a Tenancy Form 4 which can be obtained from the government website.

The form requires details, including:

• the tenant’s name and address,
• the landlord’s or letting agent’s identity and contact details
• the new rent and frequency (weekly, monthly, or annually),
• the amount and frequency of the existing rent
• the initial date the rent was increased, unless it’s a new tenancy
• the start date for the rent increase, which must be no earlier than 52 weeks after the date the rent was last increased. details of fixed service charges if they’re included in the rent, council tax, and water rates. 

The form must be served on the tenant by post, email, or in person.

Outline Notice Periods and Timing Under the New Regime

Under the new Section 13, tenants must now receive two months’ notice of a rent rise, whereas previously it was one month.

The Landlord must not have increased the rent in the 52 weeks before the date on the notice.

A tenant who disagrees with the proposed increase must take action. Silence will be deemed acceptance of the increase. A tenant has the option to negotiate with the landlord or challenge the notice in a tribunal.

Assess Rent Alignment with Market Rates: What Counts as Fair Increases

A rent increase in a Section 13 notice must be fair and align with local market rates and wage inflation. If a tenant believes a proposed rent increase is too high, they can raise a dispute with a First-Tier Property Tribunal.

Navigate Dispute Resolution: Tribunals, Appeals, and Evidence Preparation

The First-Tier Tribunal is a dispute-resolution method for tenancy disputes, including rent increases. 

A tribunal can make a decision that binds both parties.

To challenge a rent increase, a tenant must complete a form available on the government site and send it to the tribunal. There are five regionally-based offices.

The tribunal consists of a panel of three people, typically comprising a lawyer, a valuer, and a lay person.

A tenant will need evidence to submit to the tribunal that the rent increase is too high. This will be based on similar properties in the same area. The landlord will provide evidence that supports the increase.

Landlords may benefit from professional support, such as that provided by valuers and letting agents, if they own an extensive portfolio of properties. You don’t need legal or specialist representation to appear at a tribunal. 

However, tenants can find it daunting to access the type of information required to support a claim that a proposed rent increase is unfair.

A tenant can appeal a first-tier tribunal decision by referring to the Upper Tribunal. There is a defined protocol and timescale to do this. 

The Upper Tribunal will review the evidence and may set the rent at a rate that is higher or lower than the landlord’s proposed figure. There is no option to appeal again.

Avoid Common Mistakes: Precision and Notices

Form 4 must be correctly completed. Errors mean delays, as a notice can be rejected if it’s incorrect or incomplete.

Landlords should ensure that the notice is served correctly and that they have evidence to show the tenant has received it.

For landlords who want to increase rent annually, they can only do so on one day each year due to the 52-week rule. Record-keeping must be precise; otherwise, delays can leave landlords out of pocket.

Encourage Negotiation and Mutual Agreements During Tenancy

Effective communication and negotiation with tenants helps to achieve a mutual agreement on rent increases. This can mean a tenant is less likely to dispute a rent rise in a tribunal.

Landlord costs are rising, but in a cost-of-living crisis, many tenants are also struggling to keep up with their rent and bills. A sensitive approach to rent rises can help strike a balance for both parties. 

Increasing the rent too much (even if a tribunal judges it to be fair and in line with market rates) can mean there’s a greater likelihood a tenant will fall into arrears or leave the property altogether.

A tenant has the option to discuss a rent increase after a Section 13 notice; they don’t have to resort to a tribunal. A platform of good communication before and after rent rises ultimately makes life easier for the landlord.

If there’s no communication or negotiations break down, then a tenant has no option but to dispute the increase via a tribunal. If the tribunal supports their assertion that the rise is too high, the landlord will be bound by the new rent the tribunal sets.

A landlord also has the option of increasing the rent via mutual agreement with the tenant. This agreement must be recorded in writing with details of the new rent level, the start date, and the signatures of both parties.

After 1st May 2026, landlords are no longer able to use rent review clauses in tenancies.

Tribunal Outcomes and What Happens Next

A tribunal will support rent rises that are fair and reasonable and in line with local market rates. 

If a tribunal upholds a rent rise and states that it’s fair, the increase won’t be backdated.

A tribunal that disagrees with the proposed rent increase can set a rent that is lower or the same as that proposed in the Section 13 notice. Their decision is based on what would be fair for a new tenant renting that property on the same terms.

Going to a tribunal carries virtually no risk for the tenant because they are unlikely to be ordered to pay the landlord’s costs if they do not act unreasonably. But a challenge should be based on sound evidence that the increase is unfair or their risk of being ordered to pay the landlord’s costs increases 

Access Official Resources and Guidance

At the beginning of November, the government published a Guide to the Renters’ Rights Act. As the legislation is rolled out over the course of 2026 and 2027, more information and guidance will be published to support each phase.

It’s anticipated that there may be revisions and tweaks to the Section 13 notice procedure. Landlords must stay up-to-date with further guidance issued by the government as each phase of the new statute is implemented.

Frequently Asked Questions

How Much Notice Does a Section 13 Need?

A rent increase under Section 13 of the Renters’ Rights Act 2025 needs two months’ notice. This new law takes effect from 1st May 2026. Under the current regime, rent increases only need one month’s notice. Additionally, the rent cannot have been increased in the previous 52 weeks.

Can I Negotiate a Section 13 Rent Increase?

The most effective and non-confrontational way to increase rent is for the landlord to discuss a proposed rent rise with the tenant first. It may be possible to negotiate a slightly different figure that works for both parties and saves the hassle of going to a tribunal.

What Is Considered a Fair Rent Increase?

A fair rent increase depends on the type of property, its amenities, and location. A fair rent aligns with similar properties in the same area and the prevailing inflation rate. Most landlords use an amount set between the Consumer Prices Index including owner occupiers’ housing costs (CPIH) and wage inflation.

Ready to Get Expert Legal Advice from Helix Law?

Changes to Section 13 notices are just one of a raft of new measures that will revolutionise the private rental sector over the next couple of years. 

Changes to how rent is increased are one of the most significant provisions in the new legislation, affecting both landlords and tenants. Procedures and timing are crucial to avoid missing out on increased rental income due to delays or errors.

Our experienced property litigation team at Helix Law continue to assist landlords and property investors across the country. Our team of specialist litigation solicitors act in all manner of property disputes and will be happy to assist you in any situation, including where you’re now considering rent increases and are considering how best to achieve this. If you are dealing with a difficult situation and are concerned about avoiding wasted time and/or money, don’t hesitate to contact us. We would love to assist you.