The Renters’ Rights Act has now come into force, bringing significant changes to how tenancies operate across England. One of the most common questions we’re receiving from landlords at Home Share is how rent increases should now be handled, particularly as fixed-term tenancies have been replaced by periodic tenancies and the traditional annual renewal process is no longer available.
With rising costs, increased compliance requirements, and ongoing legislative changes, it’s important for landlords to ensure their rental income remains aligned with the local market while staying fully compliant with the new rules.
In this guide, we’ll explain what a Section 13 notice is, the key requirements landlords need to follow, how to correctly serve a notice, and what happens once it has been issued.
What is a Section 13 notice?
A Section 13 notice is now the formal legal process landlords in England must use to propose a rent increase.
Under the Renters’ Rights Act, any rent review clauses contained within tenancy agreements have effectively been superseded. The only valid method for increasing rent is through the prescribed Form 4A notice.
Key rules landlords need to follow
Before serving a Section 13 notice, there are several important requirements to consider:
Rent can only be increased once every 12 months
Landlords cannot increase the rent more than once within any 12-month period. This includes both formal and informal rent increases, so it’s important to keep accurate records of any previous changes.
A minimum two-month notice period is required
The notice period has increased from one month to two months. Landlords must therefore ensure tenants are given sufficient notice before any proposed increase takes effect.
The new rent must begin on the correct date
The increased rent must take effect on the same day of the month that the tenancy originally started.
For example, if the tenancy commenced on the 3rd of the month, any rent increase must also take effect on the 3rd of a future month. Choosing an alternative date could invalidate the notice.
The proposed rent must reflect the market rate
Tenants continue to have the right to challenge rent increases through the First-tier Tribunal, and under the new framework it may become easier for tenants to do so.
For this reason, landlords should ensure any proposed increase is supported by local market evidence. If a tribunal determines that the proposed rent exceeds market value, it may set a lower figure than the one requested.
How to prepare and serve a Section 13 notice
The only valid method for increasing rent is by completing and serving Form 4A.
Landlords should ensure the form is completed accurately and in full, as errors could affect its validity.
Once completed, the notice can be served in one of three ways:
In person
Hand the notice directly to the tenant.
By post
We recommend using recorded delivery and allowing additional time for postage when calculating notice periods.
By email
A Section 13 notice can only be served by email if the tenancy agreement specifically permits service by electronic communication.
Whichever method is used, landlords should retain clear evidence of when and how the notice was served in case it is challenged at a later date.
What happens after the notice is served?
If the tenant accepts the proposed increase, they simply begin paying the new rent from the effective date stated in the notice.
However, tenants have the right to challenge the increase by applying to the First-tier Tribunal (Property Chamber) before the notice takes effect.
The tribunal’s role is to assess the property’s market rent and determine the maximum lawful rent that can be charged. While the application fee for tenants is relatively low, the process can take time.
At Home Share, we always recommend discussing any proposed increase with tenants beforehand. Open communication and supporting evidence from comparable local properties can help ensure expectations are aligned and minimise the risk of disputes.
Our advice to landlords
As with many aspects of the Renters’ Rights Act, it will take time to see how these changes work in practice and how frequently rent increases are challenged through the tribunal process.
In our experience, landlords who maintain their properties well, communicate openly with tenants, and base rent increases on genuine market evidence are unlikely to encounter significant difficulties.
If you’re considering a rent increase and would like guidance on the process, our team is here to help. Please contact info@home-share.co.uk and we’ll be happy to provide advice tailored to your property and circumstances.
