Bracton

Renters' Rights Act 2025 · Housing Act 1988, section 13

Section 13 Rent Increases

From 1 May 2026, every rent increase on an Assured Periodic Tenancy must use the statutory Section 13 process. Contractual rent review clauses, RPI escalators, and CPI escalators are unenforceable. This page explains the mechanics, the once-per-twelve-months ceiling, the tribunal challenge route now available to tenants, and what to do with rent review clauses already sitting in existing tenancy agreements.

⚖ Drafted by UK solicitors · 📜 Aligned with the Bracton April 2026 RRA landlord guide · 🧭 Sourced to section 13 of the Housing Act 1988 as amended by the RRA 2025

What Section 13 is

Three clarifications before the detail.

Section 13 of the Housing Act 1988 is the statutory route for increasing rent on an Assured Periodic Tenancy. It existed before the Renters' Rights Act 2025, but it was previously one option among several. From 1 May 2026 it is the only option. Every other route is void.

The statutory route is now the only route

Contractual rent review clauses, RPI escalators, CPI escalators, percentage-uplift clauses, and any other pre-agreed automatic increase mechanism cannot be enforced. This applies to existing tenancy agreements as well as new ones. A clause in an Assured Shorthold Tenancy signed in 2023 that purports to allow annual RPI-linked increases is of no effect from 1 May 2026, regardless of how clearly it was drafted or how explicitly the tenant agreed to it.

Once per twelve months, no exceptions

A landlord cannot increase rent more than once in any twelve-month period. The ceiling is statutory and cannot be waived by agreement with the tenant. Re-papering the tenancy to reset the rent does not work, because the tenancy continues under the same statutory regime regardless of paperwork.

The tribunal route is now one-way

If the tenant believes the proposed rent exceeds market rate, they can challenge it at the First-tier Tribunal within the statutory period. The tribunal can no longer set the rent above what the landlord asked for, and any reduction applies from the date of the tribunal's decision rather than being backdated.

The mechanics

A valid Section 13 rent increase has four elements.

Form 4A, the prescribed form

The landlord must use the prescribed form — Form 4A — published by the Ministry of Housing, Communities and Local Government. Substantial departures from the prescribed form can invalidate the notice. The safest practice is to use the official form and rely on it as the authoritative template.

Two months' minimum notice

The notice must specify the date on which the new rent will take effect, and that date must be at least two months after the date the notice is served. A notice giving less than two months is liable to be invalid. The two-month period is a floor, not a target; longer notice is fine.

No more than one increase in any twelve-month period

The new rent date specified in the notice must be at least twelve months after the effective date of the previous Section 13 increase (if any). For tenancies where rent has not previously been increased, the twelve-month rule starts running from the tenancy commencement date.

Served correctly on the tenant

The notice must be served on the tenant in accordance with the tenancy agreement or the default statutory service rules. A notice served on the wrong person, at the wrong address, or in a form not authorised by the agreement may be invalid.

What Section 13 replaced

The end of the contractual rent review.

Before 1 May 2026, landlords had three practical routes to increase rent: serving a Section 13 notice (the statutory route), relying on a contractual rent review clause in the tenancy agreement, or agreeing a new rent informally with the tenant. The Act eliminates the second route entirely and tightens the third.

Contractual rent review clauses are unenforceable. Any clause in a tenancy agreement — existing or new — that purports to set out a mechanism for automatic or pre-agreed rent increases cannot be relied upon. RPI escalators, CPI escalators, fixed percentage uplifts, market-rate review provisions, and any similar formula are all of no effect. This is a substantive change, not a procedural one: even where the clause was perfectly enforceable on the day the tenancy was signed, it ceases to be enforceable on 1 May 2026.

Informal agreed increases sit in a grey area. The statute makes Section 13 the only route to increase rent on an Assured Periodic Tenancy. A landlord and tenant who informally agree a new rent without serving a Section 13 notice are at risk that the agreement is treated as ineffective, particularly if the tenant later disputes the increase or seeks to recover the additional sums paid. The safe course is to use Section 13 even where the tenant has indicated they will accept a higher rent.

The tribunal challenge route

A genuinely one-way safety valve.

The Section 13 process is paired with a tenant right of challenge to the First-tier Tribunal (Property Chamber). The tenant can refer the proposed rent to the tribunal within the statutory period if they believe it exceeds the market rate. The tribunal determines what the market rent for the property is — the rent at which the property could reasonably be expected to be let on the open market by a willing landlord. Comparable evidence from local lettings is the standard starting point.

Two features of the post-RRA tribunal route are new and material:

  • • The tribunal cannot set the rent above what the landlord asked for in the Section 13 notice. Under the pre-RRA regime, a tenant referring a proposed increase to the tribunal could end up with a higher rent than the landlord had originally proposed. That cannot happen now. The landlord's asking figure operates as a ceiling.
  • • The new rent (whatever the tribunal determines) applies from the date of the tribunal's decision, not from the date specified in the original notice. There is no backdating. If the tribunal hearing takes place three months after the proposed effective date, the new rent only begins running from the decision date.

Together these changes make the tribunal route a meaningful safety valve for tenants. Practically, a landlord who proposes a rent significantly above market rate now risks the tenant referring the increase to the tribunal, securing a lower rent, and avoiding any uplift for the period between the proposed effective date and the tribunal decision.

Common mistakes

Six errors landlords make.

1. Relying on a contractual rent review clause that was perfectly drafted

Drafting quality is irrelevant. The Act voids the mechanism, not the wording. A clause that says rent shall increase annually by RPI plus 2% is unenforceable from 1 May 2026 regardless of how clearly the parties agreed to it.

2. Increasing rent twice in twelve months

The twelve-month rule runs from the effective date of the previous increase, not from service. A second Section 13 notice served within the twelve months is liable to be invalid, even if the new effective date would itself fall outside the window.

3. Giving less than two months' notice

The two-month period is a floor. A notice served on 1 March specifying a new rent effective 15 April is liable to be invalid. The effective date must be at least two months after the date of service.

4. Re-papering the tenancy to bypass the once-per-year rule

Issuing a new tenancy agreement at a higher rent does not reset the twelve-month clock. The underlying Assured Periodic Tenancy continues regardless of paperwork, and the statutory rules continue to apply.

5. Setting the rent significantly above market rate

Under the pre-RRA regime, a high opening figure was a relatively safe negotiating tactic. Under the post-RRA regime, it invites a tribunal referral with no upside risk to the tenant. A landlord who proposes a rent the tribunal cuts loses both the uplift and any benefit between the proposed effective date and the tribunal decision.

6. Accepting an informal verbal agreement

An agreed increase without a Section 13 notice sits outside the statutory route. The safer course, even where the tenant has indicated willingness, is to serve Form 4A. It costs nothing extra and removes the risk of later dispute.

How Bracton handles this

The compliant Form 4A, calculated for you.

The Bracton Section 13 rent increase notice template generates a compliant Form 4A from the tenancy details. The form performs the twelve-month check against the tenancy commencement date or the previous increase date, enforces the minimum two-month notice period, and surfaces the tribunal challenge route so the landlord understands the downside of pricing above market. Where the existing tenancy agreement contains a rent review clause that is now unenforceable, no separate document is required — the clause simply has no effect; the Section 13 process replaces it.

FAQs

Frequently asked questions

No. Contractual rent review clauses — including RPI escalators, CPI escalators, and fixed percentage uplifts — are unenforceable from 1 May 2026, regardless of when the tenancy agreement was signed. The only route to increase rent is a Section 13 notice (Form 4A), with at least two months' notice and no more than one increase in any twelve-month period.

Next step

Increase rent the right way the first time.

Section 13 is the only route, the twelve-month ceiling is hard, and the tribunal route now meaningfully protects tenants from above-market increases. The Bracton template generates a compliant Form 4A from the tenancy details, performs the twelve-month check, and enforces the minimum notice period — so the landlord cannot accidentally serve an invalid notice.

Reviewed by Blackwell Advisory, a regulated UK solicitors' practice authorised and regulated by the Solicitors Regulation Authority. Positions on this page match those in the Bracton April 2026 Renters' Rights Act landlord guide.