A landlord must issue a valid section 13 notice to enforce a rent increase.

What makes a section 13 notice valid

A section 13 notice is valid if:

• it's on the correct form

• a landlord has given at least one months' notice

• the rent was last increased more than 52 weeks ago

• the increase starts on the correct date

• the tenant's details are correct, such as name and address

For more information on when a notice is invalid, see statutory rules for assured tenants on Shelter Legal.

Form of section 13 notice

A section 13 notice is the prescribed form under section 13 Housing Act 1988.

A landlord of an assured or assured shorthold tenant who intends to increase the rent using the section 13 procedure must issue a section 13 notice on form 4. You can view form 4 on GOV.UK.

A notice that is not on the prescribed form but contains all of the same information could still be valid.

If the notice is invalid

An invalid section 13 notice does not increase the rent.

A tenant can challenge an invalid notice by applying to the county court.

A tenant does not have to challenge an invalid notice and can continue to pay their current rent. However, a court's decision provides certainty on the validity of the notice. If the court declares the notice is invalid, the landlord could be prevented from starting possession proceedings or recovering unpaid rent.

A tenant should seek legal advice before treating a notice as invalid.

If the notice is valid

If the notice is valid and the tenant considers the increase to exceed the market rent, they can challenge it through the tribunal.

If a tenant does not challenge a valid notice, they must pay the increased rent from the date shown on the notice.