Renting Law · Tenant Rights
When and how rent can go up
Rent can't just rise on a whim — fixed terms lock the price unless the contract says otherwise, and unfair increases can be challenged at a tribunal.
Rent increases in the UK are tightly regulated — they cannot happen at a landlord's whim, and tenants have multiple legal protections. Understanding the rules for your type of tenancy is essential before you accept or dispute a rent rise.
Fixed-Term Tenancies: The Protected Period
If you are in a fixed-term tenancy (such as a 6- or 12-month agreement), your rent cannot be increased during that period unless your tenancy agreement explicitly includes a rent review clause that permits it. Most assured shorthold tenancies do not contain such clauses, which means your rent is locked in for the duration of the fixed term.
If a rent review clause is present, the clause must specify when and how the increase can occur — for example, it might state that rent rises in line with the Retail Price Index (RPI) on a particular date each year. However, it is important to note that from 1 May 2026, all rent review clauses became void under the Renters' Rights Act 2025. After that date, only the formal Section 13 notice process can be used to increase rent.
Rolling (Periodic) Tenancies: Section 13 Notice
Once a fixed term ends and you continue to rent at the same property without signing a new fixed-term agreement, your tenancy becomes a rolling (or periodic) tenancy. This means the rent can be reviewed each year, but only through a formal legal process called a Section 13 notice.
What Is a Section 13 Notice?
A Section 13 notice is the only legal way a landlord can raise rent on a rolling tenancy. The landlord must serve this notice in writing — not verbally, via email, or through an informal message. The notice must be on the correct prescribed form (Form 4A in England for tenancies from 1 May 2026 onwards) and must include the new rent amount, the date it takes effect, and your right to challenge it.
The landlord cannot serve this notice until at least 12 months have passed since the tenancy began or since the last rent increase took effect. Additionally, landlords can only serve one Section 13 notice per rolling 12-month period — they cannot increase rent twice in quick succession.
Notice Period
From 1 May 2026, if you receive a Section 13 notice, your landlord must give you at least two months' written notice before the new rent takes effect. Before this date, the notice period was typically one month, but the Renters' Rights Act doubled it to give tenants more time to plan and seek advice.
The new rent must start on the same date that your rent period begins — for most tenants paying monthly, this means the first day of a calendar month. If your landlord specifies a different date (such as mid-month), the notice is invalid and you do not have to pay the increase until a correctly served notice is provided.
Frequency and First-Year Protection
Your landlord cannot increase rent more than once every 12 months. This applies to both new and existing tenancies. In addition, you cannot be asked to pay a higher rent during your first year of occupancy — any Section 13 notice raising the rent must not take effect until at least 12 months after you moved in or since the last increase, whichever is later.
What Happens If You Pay Without Protesting?
If your landlord serves a valid Section 13 notice and you begin paying the new rent without challenging it, the increase becomes legally binding and accepted. You cannot later claim you did not agree to it. This is why it is crucial to decide whether to challenge the increase before the effective date arrives.
However, you do have options. You can try to negotiate with your landlord to agree a lower figure in writing. Once you both sign off on an agreed rent in writing, that becomes your new rent. Alternatively, if you believe the proposed rent is too high compared to the market, you can challenge it at the First-tier Tribunal before the increase takes effect.
Challenging an Excessive Increase at the First-Tier Tribunal
If you receive a Section 13 notice proposing a rent rise that you believe exceeds what comparable properties in your area rent for (the open market rent), you have the legal right to refer the matter to the First-tier Tribunal (Property Chamber). This is a free right provided to all assured and assured shorthold tenants in England.
How the Tribunal Works
The First-tier Tribunal examines the proposed rent and determines what the property would reasonably achieve if it were newly let on the open market in its current condition. To make this assessment, the tribunal considers evidence such as rents of comparable properties in the same area, the property's condition, its amenities, and any repairs or maintenance issues.
Crucially, under the Renters' Rights Act 2025, the tribunal cannot set the rent at a level higher than your landlord proposed in the notice. The worst-case outcome is that it confirms your landlord's figure. This removes a significant barrier that previously deterred tenants from challenging increases — you face no risk of the rent going up further if you lose.
The Application Process
To challenge a Section 13 notice, you must submit an application using Form Rents 1 to the First-tier Tribunal. You can apply online via GOV.UK, by email, or by post. You will need to provide your personal details, a copy of your Section 13 notice, your tenancy agreement, and any evidence you wish to submit (such as comparable rental listings for similar properties in your area).
The application fee is £47, which you pay when the tribunal processes your application. However, there is no additional hearing fee. If you cannot afford the £47 fee, you may be eligible for a remission under the Help with Fees scheme.
You must submit your application before the date the new rent is due to take effect. If you apply on time, you can continue paying the old rent while the case is decided — the tribunal will not order you to pay the new rent until after it has made a determination.
Timeline
The tribunal system has experienced increased demand since the Renters' Rights Act came into force. Most cases involving only written evidence (a 'paper' decision) are faster, but cases with an oral hearing typically take between 6 and 9 months from the date you apply to receive a decision — approximately 24 weeks to the hearing, then a further 6 weeks for the written judgment. Plan accordingly and submit your application well before the deadline.
What Counts as Market Rent
There is no fixed percentage or absolute cap on how much a landlord can raise the rent. Instead, the law requires that rent increases must be fair and reflect the open market. This means the rent should be broadly in line with what similar homes in your area, in comparable condition, with similar amenities, are let for.
When you receive a Section 13 notice, take time to research comparable properties. Look at recent listings for one- or two-bedroom flats in your postcode or neighbourhood with similar council tax bands, locations, and condition. If the proposed rent is significantly higher than what you find, you have grounds to challenge it.
Negotiating Before a Challenge
Before deciding to go to the tribunal, it is worth trying to negotiate with your landlord. Many landlords are willing to accept a smaller increase than originally proposed, particularly if you have a good payment record and have been a reliable tenant. A phased or modestly lower increase often makes good business sense — it costs the landlord nothing and keeps a trustworthy tenant in place.
If you and your landlord agree on a new figure, make sure to get the agreement in writing and signed by both parties. Include the date from which the new rent takes effect. This written agreement replaces the original Section 13 notice and is legally binding.
Key Takeaways
- During a fixed term, your rent cannot be increased unless the tenancy agreement includes a rent review clause — and even then, these clauses have been void since 1 May 2026 for new increases.
- Once your fixed term ends and you move to a rolling tenancy, your landlord can only raise rent via a valid Section 13 notice, served in writing at least two months in advance.
- Rent can only be increased once every 12 months, and not during your first year of tenancy.
- If you pay the new rent without challenge, it becomes accepted and binding.
- You can challenge a rent increase that you believe exceeds the market rate by applying to the First-tier Tribunal before the effective date — the application fee is £47.
- The tribunal can confirm the landlord's proposed figure or lower it, but cannot raise it above what was proposed.
- Always try to negotiate first, and gather evidence of comparable rents before deciding to challenge.
Keep reading — Tenant Rights
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