Can a landlord increase rent on a periodic tenancy in England?

This article applies to private residential tenancies in England only. It is provided for general information purposes and does not constitute legal advice. Landlords should seek independent legal advice for their specific circumstances.

The Single Route to Rent Increases From 1 May 2026

From 1 May 2026, the Renters' Rights Act 2025 fundamentally changes how landlords in England can increase rent. Under the new system, every assured shorthold tenancy (AST) automatically converts into an assured periodic tenancy, rolling on a monthly basis with no fixed end date. Rent review clauses, CPI linked escalation provisions, and informal agreements to increase rent are no longer legally effective for any new rent increases taking effect after this date. (Source: Guide to the Renters' Rights Act, GOV.UK.)

The only lawful mechanism for proposing a rent increase on a private residential tenancy in England is now the statutory process set out in Section 13 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. A landlord who attempts to raise rent by any other route, whether through a clause in the tenancy agreement, a verbal conversation, or an informal letter, has no legal basis to require the tenant to pay the higher amount.

This is a significant change for self-managing landlords who previously relied on rent review clauses or tenancy renewals to adjust rent. Understanding the Section 13 process is now an operational requirement, not an optional extra.

Which Tenancies Does This Apply To?

Section 13 applies to assured periodic tenancies. From 1 May 2026, this includes all tenancies that were previously assured shorthold tenancies, as these convert automatically into assured periodic tenancies on that date. It also applies to any new tenancy agreed on or after 1 May 2026, which will be an assured periodic tenancy from the outset.

There are a limited number of tenancy types that fall outside the scope of these changes. The Renters' Rights Act does not apply to tenancies where the annual rent exceeds £100,000, agreements with lodgers who share accommodation with their landlord, tenancies granted to companies rather than individuals, or tenancies regulated under the Rent Act 1977. Landlords of social rented tenants on relevant low cost tenancies also retain different mechanisms for rent increases. (Source: Guide to the Renters' Rights Act, GOV.UK; The Independent Landlord, RRA Transition Rules.)

For the vast majority of private landlords in England with residential tenants, Section 13 is the process that applies.

The Rules: Frequency, Notice Period, and Timing

Section 13, as amended, imposes several restrictions on when and how a rent increase can be proposed.

Once per year. A landlord may only propose a rent increase once in any twelve month period. If the rent was last increased using a Section 13 notice, a further notice cannot take effect until at least twelve months after the date on which the previous increase took effect. (Source: Housing Act 1988, section 13(3A)(b).)

Not in the first year. A landlord cannot increase the rent at any point during the first 52 weeks of a tenancy. The 52 week period runs from the date on which the first period of the tenancy began, including any preceding fixed term. (Source: Housing Act 1988, section 13(2)(b); Shelter Legal England.)

Two months' notice minimum. The proposed new rent cannot take effect any earlier than two months after the date on which the notice is served on the tenant. Under the pre Act rules, the minimum notice for a monthly tenancy was one month. The Renters' Rights Act extended this to two months for all tenancy periods. (Source: GOV.UK, Assured periodic tenancies: a guide for tenants.)

Must align with the rent period. The date on which the new rent is proposed to take effect must fall on the first day of a new period of the tenancy. For a monthly tenancy where rent is due on the 5th of each month, the proposed effective date must also be the 5th. Getting this date wrong is one of the most common reasons a Section 13 notice is found to be invalid. (Source: Housing Act 1988, section 13(2).)

How to Serve the Notice

The prescribed form for proposing a rent increase under Section 13 from 1 May 2026 is Form 4A. It replaces the previous Form 4, which applied under the pre Act rules. A landlord must use Form 4A specifically. A letter, email, or any other document containing equivalent information does not satisfy the statutory requirement. (Source: GOV.UK, Assured tenancy forms for privately rented properties from 1 May 2026.)

Form 4A is available to download free of charge from GOV.UK. Landlords should download the current version immediately before serving, rather than relying on a copy saved previously, as the form may be updated without notice.

The completed form must include the full address of the property, the names of the landlord and tenant as they appear on the tenancy agreement, the current rent, the proposed new rent, and the date on which the new rent is to take effect. It must also include the statement informing the tenant of their right to apply to the First-tier Tribunal to challenge the proposed increase.

GOV.UK guidance confirms that a Form 4A notice may be served in person, by post, or by email where the tenancy agreement permits digital service. Whichever method is used, the landlord should retain evidence that the notice was delivered. For postal service, first class post with a certificate of posting or proof of delivery is generally considered reasonable. The notice is ordinarily deemed served two working days after posting.

What Happens if the Tenant Challenges the Proposed Rent

A tenant who receives a Form 4A notice is not obliged to accept the proposed increase. If the tenant considers the proposed rent to be above the open market rate for comparable properties in the area, they may apply to the First-tier Tribunal (Property Chamber) before the proposed effective date.

The Renters' Rights Act introduces three important changes to the tribunal process that favour tenants.

First, the Tribunal can no longer set a rent higher than the amount the landlord proposed. Under the previous system, tenants faced the risk that a tribunal referral could result in an even higher rent being imposed. That risk has been removed. (Source: Guide to the Renters' Rights Act, GOV.UK.)

Second, rent increases are no longer backdated. If a tenant challenges a Section 13 notice and the matter proceeds to a hearing, the new rent takes effect from the date of the Tribunal's determination, not from the date originally proposed in the notice. This means there is no gap period during which the tenant owes additional rent retrospectively. (Source: Guide to the Renters' Rights Act, GOV.UK; NRLA, Existing tenancies guidance.)

Third, in cases of undue hardship, the Tribunal has the power to defer the rent increase by up to a further two months beyond its determination date. (Source: Guide to the Renters' Rights Act, GOV.UK.)

It is also worth noting that from 1 May 2026, a landlord cannot evict a tenant for challenging a rent increase. The previous dynamic, where a tenant might accept an unfair increase rather than risk a Section 21 notice, no longer applies under the reformed tenancy system.

The fee for a tenant to apply to the First-tier Tribunal to challenge a rent increase is £47. (Source: Shelter England.)

Practical Steps for Self-Managing Landlords

For landlords who manage their own properties, the Section 13 process is straightforward once the timing and procedural requirements are understood. There are several practical steps that reduce the risk of errors and disputes.

Before serving a Form 4A notice, landlords are advised to research current market rents for comparable properties in the area. This means properties of a similar size, condition, and location that are currently advertised or recently let. If the proposed rent is later challenged at the Tribunal, the landlord will be expected to provide evidence that the figure reflects the open market rate. Having this evidence prepared in advance strengthens the landlord's position.

Landlords should also confirm the precise date on which each rent period begins. This is not necessarily the date on which the tenant actually pays, but the date on which rent falls due under the tenancy agreement. The case of Mooney v Whiteland (2023) illustrates the consequence of getting this wrong: the Section 13 notice was found to be invalid because the proposed effective date referred to the day the tenant paid (a Friday) rather than the day the rent was due (a Monday).

A record of every notice served, the method and date of service, and any correspondence with the tenant about the proposed increase should be retained. This documentation is essential if the matter is referred to the Tribunal and is also good practice for general compliance record keeping.

Finally, landlords should be aware that any rent increase agreed before 1 May 2026 under a rent review clause, but which was due to take effect after 1 May 2026, is not permitted. Government guidance is clear on this point. If such a clause exists in an existing tenancy agreement, it has no legal effect for increases taking effect after that date, and the landlord must instead use the Section 13 process. (Source: GOV.UK, Guide to the Renters' Rights Act; NRLA.)

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