Raising rent after the Renters’ Rights Act: the Section 13 process step by step

The rules in one place

Everything about Section 13 under the new regime:

• •Once per 12 months — measured from when the last increase took effect
• •At least 2 months’ notice before the new rent starts
• •On the prescribed form (Form 4) — a letter or text message is not a valid notice
• •The new rent takes effect at the start of a rent period
• •The tenant can refer the notice to the First-tier Tribunal any time before the start date

Step by step

The clean sequence for a compliant increase:

• •1. Check 12 months have passed since the last increase took effect
• •2. Research the market rent for comparable local properties — the tribunal benchmark
• •3. Complete Form 4 exactly: property, current rent, proposed rent, start date at least 2 months out on a rent-period boundary
• •4. Serve it and keep proof of service (post with certificate, or email if the tenancy allows email service)
• •5. Diarise the start date; if no tribunal referral arrives, the new rent applies from that date

If the tenant refers it to the tribunal

The tenant’s only formal challenge route is the First-tier Tribunal (Property Chamber), and they must apply before the new rent’s start date. The tribunal sets the rent at open-market level for the property — importantly, under the new Act it cannot set a rent higher than you proposed, and the increase cannot be backdated to before the tribunal’s decision date.

In practice: propose a defensible market figure with comparables in hand, and most increases never get referred. Aggressive figures invite referrals, delay, and a tribunal-set rent.

The mistakes that void the notice

A Section 13 notice fails completely if you:

• •Use the wrong form or a home-made letter
• •Give less than 2 months’ notice, or pick a start date mid-rent-period
• •Serve within 12 months of the last increase taking effect
• •Get the names, address, or rent figures wrong
• •Cannot prove service when challenged

Strategy: little and often beats big and rare

Under a once-a-year regime, skipping years compounds: a landlord who waits five years then proposes a 25% catch-up invites a tribunal referral and a tense tenancy. Annual, modest, evidence-backed increases keep the rent tracking the market, keep each notice unremarkable, and keep the relationship workable — which, with Section 21 gone, matters more than it used to.

How LetClerk handles it

LetClerk diarises each property’s Section 13 window, prepares the Form 4 with market comparables, and serves it with recorded proof — with you approving the figure before anything is sent. It is part of the Compliance Managed subscription, and rent paperwork status shows on your property register.

Common questions

Can my tenant and I just agree an increase informally?

A genuinely agreed increase (for example a signed agreement to a new rent) can still be valid — but the safe, dispute-proof route is the statutory notice. An “agreement” a tenant later disputes leaves you collecting an unenforceable rent.

How much can I increase the rent by?

There is no fixed cap — the standard is open-market rent for a comparable property. The tribunal applies exactly that test, so comparables from listings and recent lets in your area are both your justification and your protection.

What if the tenant refuses to pay the new rent but never goes to the tribunal?

If the notice was valid and the start date passed without a referral, the new rent is legally due. Shortfalls accrue as arrears, which are themselves a possession ground if they build. Check your notice was valid before relying on this.

Does Section 13 apply to fixed-term tenancies?

Fixed terms no longer exist for assured tenancies in England — every tenancy is periodic under the Renters’ Rights Act, and Section 13 is the route for all of them.