Rent increases for assured tenants

Section 13 Housing Act 1988 allows a landlord to raise the rent on a periodic assured tenancy by giving the tenant a notice of increase in the prescribed form.[1]

A rent increase agreed between the landlord and tenant is binding if it follows the service of a section 13 notice, and the agreed rent is lower than the amount in the notice.[2]

Rent review clauses are not valid for private tenancies after 1 May 2026.[3]

When the landlord can issue a section 13 notice

A landlord can use this process to increase the rent once every 52 weeks.[4]

A landlord cannot use a section 13 notice to increase rent:

• during the first 52 weeks of a tenancy[5]

• for 52 weeks following the last increase by a section 13 notice[6]

• for 52 weeks following a determination by a tribunal[7]

• for 52 weeks following an increase by a rent review clause before 1 May 2026[8]

Where a Tribunal has reduced an excessive rent, an increase cannot take effect until the 12 months after that determination took effect.[9]

When the rent increase starts

The new rent must take effect no sooner than a new period of the tenancy that starts two months after the section 13 notice is served.[10]

The increased rent applies from the expiry of the notice period unless either the:[11]

• tenant refers the notice of increase to the tribunal

• landlord and tenant agree to a lower rent

Assured shorthold tenancies that started before 1 May 2026

Most private assured shorthold tenants became periodic assured tenants on 1 May 2026. For those tenancies, the landlord can only increase the rent using the section 13 procedure.

A tenant who received a valid section 21 notice before 1 May 2026 is subject to the old rent increase rules until the earliest of:[12]

• the date the section 21 notice expires

• the last day to start possession proceedings, which is 31 July 2026

This means the landlord could increase the rent using a rent review clause in the agreement during that time.

The landlord must use the section 13 rent increase procedure after either:

• the section 21 notice expires, or

• the last day to bring possession proceedings passes

Find out more about section 21 notices.

Agricultural occupiers

The principles governing rents for assured agricultural occupancies are the same as those covering assured tenancies.[13]

The landlord must serve a rent increase notice in the prescribed Form 4A.

The information on the form includes a note to the tenant advising them of their right to refer the increase to a First-tier Tribunal (Property Chamber).

The increase cannot take effect earlier than two months after service of the notice, or on a day other than the start of a tenancy period.[14]

Invalid rent increase notice

The tribunal can refuse to grant a rent increase on the basis that the section 13 notice is not valid.[15]

A tenant who disagrees with the rent increase can refer the notice of increase to the First-tier Tribunal to decide if the rent increase is valid.[16]

The tenant must make the referral before the notice expires.[17]

Find out how to apply for a market rent determination on Gov.uk.

Application fee

There is a fee to apply to the tribunal to challenge a rent increase.

Read more about court and tribunal fees on Shelter Legal.

Tribunal powers

The Tribunal has the discretion to direct a tenant to correct any errors in their application as long as the application substantially complies with the requirements.[18]

The Tribunal has the power to require the landlord or tenant to provide information it needs to make its decision.[19] The Upper Tribunal held the First-tier Tribunal can use this power to gather necessary information where the tenant did not use the prescribed form.[20]

The time limit for the tenant to refer the increase to the tribunal cannot be extended.[21]

Effect of the tribunal decision

The Tribunal determines a market rent for the property, which is the rent that could reasonably be expected to be obtained in the open market for a similar property let on similar terms.[22]

The new rent applies from the date the tribunal sets in its decision.[23]

The tribunal cannot set a higher rent than that requested by the landlord in the section 13 notice.[24]

County Court determinations

A dispute about whether an increase is valid could be dealt with by applying to the County Court for a declaration.[25] Tenants do not require a County Court declaration if they challenge an invalid notice in the First-tier Tribunal.

Before 1 May 2026, different rules applied to rent increases for private tenancies. The rent could be increased under the terms of the tenancy, or by agreement between landlord and tenant.

Agreement between landlord and tenant before 1 May 2026

A tenant and a landlord could agree a rent increase by mutual agreement before 1 May 2026. The agreement could be made in writing, verbal, or by conduct. For example, a tenant making payments for the increased rent was normally enough to show they had accepted the rent increase.

An agreement to increase the rent increase between a landlord and tenant is not valid after 1 May 2026 unless it is agreed following the service of a valid section 13 notice. The agreed amount must not exceed the amount stated in the notice.[26]

The landlord can serve a section 13 notice at any time after a rent increase by agreement. They do not need to wait 52 weeks.

Rent review clause before 1 May 2026

A rent review clause is a term in the tenancy permitting the landlord to increase the rent, normally once every 12 months.

A rent review clause could only be used by the landlord if there was a written agreement permitting it. A tenancy that continued after a fixed term, but not under a written agreement, could not be subject to a rent review clause.[27] This is known as a statutory periodic tenancy.

The rent review clause must have specified how the rent would be increased. A clause stating that 'the rent will be reviewed by the landlord in April of each year, and the landlord will give the tenant four weeks' notice of the new rent' was enough.[28]

A landlord who increased the rent under a rent review clause before 1 May 2026 must wait 52 weeks before a new rent increase under a section 13 notice can take effect.[29]

Section 13 notice before 1 May 2026

The rules for section 13 notices were different before 1 May 2026. The old rules continue to apply for notices served before that date, including when the increase takes effect after.[30]

The increase needed to start on the first day of a period of the tenancy. The first day of a period of the tenancy could be different from the date the rent was paid.[31] For example, where a weekly tenancy began on a Monday but rent was paid on a Friday, the notice needed to specify the new rent started on a Monday.[32]

When the tribunal determines a rent increase following a section 13 notice served before 1 May 2026, it can:[33]

• allow an increase above that requested by the landlord

• backdate the increase to the date specified in the section 13 notice

Rent increases for tenants of private registered providers of social housing (PRPSH) are regulated by the Social Housing Regulator.

Find out more about rent levels for social tenants.

The landlord may be able to increase the rent in line with a rent review clause in the tenancy agreement if the relevant notice has been given to the tenant.

Timing of the rent increase notice

The House of Lords provided some guidance on the process of rent review increases for assured tenancies of registered social landlords.[34] The tenant complained that the landlord had served an ineffective rent increase as the notice was served after the rent variation date. On appeal, the House of Lords held that the notices were valid and that all that was required (as was set out in the agreement) was that the landlord needed to give four weeks' notice.

Landlords can increase rent which includes bills and council tax if they follow the general rules for rent increases.

The landlord cannot increase the agreed rent without following the correct process even if the bill amounts have gone up.

The tenancy agreement might contain terms for how the amount of the bills charged to the tenant is reached. If it is calculated separately from the rent, the landlord might be able to increase the amount in line with current prices.

The landlord must not make a profit from paying the water and fuel bills. The maximum price at which gas or electricity can be charged is the same price as that paid by the landlord, including any standing charges.

Ofgem has guidance for landlords who provide fuel to their tenants.

Fair usage terms

The tenancy agreement might specify an amount of fuel or utility use after which the tenant must pay extra. If the amount is given as a sum of money, the tenant might have to pay extra even if their usage has not increased.

Council tax bills

A tenancy agreement that includes council tax in the rent might state that the rent will increase in line with the rate of council tax. If it does not, the landlord must use a rent review clause or the section 13 procedure to increase the rent if the tenant does not agree.

Tenants who live in private rented accommodation are usually liable to the local authority for their own council tax. It is better for the tenant to pay their own council tax bills to ensure the payments are made.

The landlord is liable if the property meets the definition of an HMO for council tax purposes.[35]

Some private tenants pay service charges for repairs and maintenance.

The tenancy agreement sets out what the tenant is liable to pay for service charges. The tenant does not have to pay for anything that is not set out in the agreement.

Service charges can include amounts for things like:

• management costs

• improvement works

• a caretaker or porter

• communal services like heating, cleaning, or garden maintenance

There are controls on variable service charges imposed by the Landlord and Tenant Act 1985. Services charges must be reasonably incurred and for work or services of a reasonable standard.

The landlord must make a written demand of the tenant to cover service charges.

The tenant can challenge any service charges that are not reasonable by applying to the First-tier Tribunal (Property Chamber).

Find out more about statutory control of service charges on Shelter Legal.