Section 13 rent increases: how to propose a rent that holds up at tribunal

This guide covers the law in England.

Recent analysis of rent tribunal decisions in England found that most landlords who went to tribunal in September 2026 did not get the full increase they asked for. Rents still went up in about two thirds of those cases. What the figures really show is that the landlords who get their increase are the ones who choose a defensible figure and serve a correct notice. This guide explains how Section 13 rent increases work now, how a tribunal reaches its decision and how to set a rent review that your tenant is likely to accept and that would hold up if it were challenged.

How Section13 rent increases work since May 2026

The main part of the Renters' Rights Act 2025 came into force on 1 May 2026. Rent review clauses in tenancy agreements no longer work. To raise the rent on an assured periodic tenancy you now serve a notice under section 13 of the Housing Act 1988, using the government's Form 4A.

Form 4A's own guidance notes set out three timing rules for the new rent date:

• Two months' notice. You must serve the notice at least two months before the new rent starts.
• 52 weeks. The first increase cannot start until 52 weeks after the tenancy began, and later increases must be at least 52 weeks apart. In some cases it has to be 53 weeks so the date doesn't drift earlier each year. The form explains how to work this out.
• Start of a rental period. The new rent must begin on the first day of a tenancy period. If a monthly tenancy started on the 20th, the increase has to start on the 20th.

You must also be able to prove the notice was served. Use any method of service the tenancy agreement sets out. If it doesn't set one out, the form says you can hand it to the tenant, leave it at the property or send it by registered post.

What changes if your tenant challenges

Your tenant doesn't have to reply. If the notice is valid and they take no action, the new rent starts on the date you gave. If they think the rent is above the market rate, or that the notice is defective, they can apply to the First-tier Tribunal (Property Chamber) before that date. The application form (MR1) lists a fee of £47, and the government confirmed there is no hearing fee for these cases.

Three changes from the old system matter most to landlords:

In short, a tenant who challenges now risks very little. They pay the existing rent while they wait, and the worst outcome for them is the figure you proposed. One industry tracker puts the average time from notice to decision at around three months. That is why overreaching costs you: if you ask for too much, you may wait months and still end up with less.

How the tribunal decides the rent

The tribunal decides what rent you could reasonably expect if the property were let on the open market on the same terms. In practice it:

• compares your property with similar homes in the area
• looks at the evidence both sides send in
• takes the property's condition into account, and may inspect it.

The tribunal can also rule on whether the notice itself is valid. Before May 2026 that kind of dispute had to go to the county court.

Five steps to a rent increase that holds up

1. Start with real local evidence. Find homes like yours that have actually let recently: same area, size, type and condition. Asking prices on portals are a weak guide. Agreed rents are much stronger. A two-bed flat near St Albans City station and a two-bed house in Wheathampstead belong to different markets.
2. Sense-check against the trend. The ONS reports that the average private rent in St Albans was £1,934 a month in September 2026, up 2.7% on a year earlier. A much bigger rise isn't necessarily wrong, for example if your rent has fallen well behind the market, but you will need comparables that clearly support it.
3. Deal with repairs first. Condition counts. An outstanding repair or tired kitchen can pull the tribunal's figure down, and a tenant who is waiting for a repair is more likely to challenge.
4. Get the notice exactly right. Use the current Form 4A, check the 52-week rule and the start-of-period date, fill in any bills included in the rent, and keep proof of service.
5. Talk to your tenant. A short, friendly note explaining the increase and the evidence behind it often prevents a challenge. If you agree a different figure or date, record it in writing. Shelter suggests confirming any agreed new rent with a Section 13 notice, so it's worth checking the correct approach before you rely on an informal agreement.

A worked example (illustrative figures only)

Say a landlord lets a two-bed flat in St Albans at £1,450 a month, and recent comparable lettings suggest the market rent is about £1,525.

• Option A: propose £1,600. The tenant challenges. Say the decision takes about three months and the tribunal sets £1,525. The landlord gets £1,450 for those months and £1,525 afterwards, and has spent time on the case and strained the relationship.
• Option B: propose £1,525 with the evidence attached. The tenant has little reason to challenge, and £1,525 starts on the notice date.

Over the year, Option B usually leaves the landlord better off and keeps a good tenant settled. In a market where tenants can stay as long as they like, that matters.

How we can help

If a rent review is coming up, or you're unsure whether your current rent is in line with the local market, get in touch. We'll help you choose a figure you can back up.

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Correct at 15 November 2026. This post is general information, not legal or financial advice. Rules change, so please check your own situation or ask us.