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 2 months' notice

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

• the increase takes effect more than 52 weeks after the tenancy started

• the rent was last increased more than 52 weeks ago (unless the last increase was by agreement between the tenant and landlord)

Form of section 13 notice

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

A landlord of an assured tenant must issue a section 13 notice on form 4A if they intend to increase the rent. You can view form 4A on Gov.uk.

A notice which 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 First-tier Tribunal.

A tenant could choose not to challenge an invalid notice and continue to pay their current rent, but a tribunal's decision provides certainty on the validity of the notice.

If the tribunal 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.

Find out more about when a notice is invalid and rent increases for assured tenants on Shelter Legal.