Section 13 rent increase notice: what it is and what to do

If you have an assured or assured shorthold tenancy on a periodic (rolling) basis, your landlord cannot simply tell you your rent is going up. They must follow a formal process using what is known as a section 13 notice. We walk through what that process is, what the notice must contain, and what you can do if you disagree with the proposed increase.

What is a section 13 notice?

A section 13 notice (under section 13 of the Housing Act 1988) is the formal document a landlord must serve on a tenant when they want to increase the rent in a periodic assured or assured shorthold tenancy. It does not apply to:

• Fixed-term tenancies (unless the tenancy agreement has a rent review clause)
• Licences rather than tenancies
• Rents that are already regulated under the Rent Act 1977 (protected tenancies)

When can the landlord serve a section 13 notice?

The notice can only be served once the tenancy has become periodic, that is, it is rolling weekly, monthly, or annually rather than within a fixed term. The landlord can propose a new rent:

• No more than once every 52 weeks (once a year)
• With the required notice period, this must be at least one period of the tenancy. For a weekly tenancy, this means one week's notice. For a monthly tenancy, one month. For a yearly tenancy, six months.

So for a monthly tenant, the landlord must give at least one month's notice before the proposed new rent starts.

What must the notice say?

A section 13 notice must:

• Be in the prescribed form (Form 4, available from GOV.UK)
• State the new proposed rent
• State the date on which the new rent is to take effect
• Be served with the correct amount of notice

If the notice is defective, wrong form, insufficient notice period, incorrect date, it may not be valid. Take advice if you think there is a problem with the notice you have received.

What if I think the increase is too high?

You have the right to challenge the proposed rent increase by referring it to the First-tier Tribunal (Property Chamber), also known as the Residential Property Tribunal in Wales. You must do this before the date the new rent is due to take effect (as stated on the notice).

The Tribunal will assess whether the proposed rent is in line with market rents in the area. It can:

• Confirm the proposed rent
• Reduce the proposed rent
• (In rare cases) increase the proposed rent beyond what the landlord asked for

Once the Tribunal has set a rent, it takes effect from the date specified in the original notice and cannot be increased again for 52 weeks.

Does challenging the notice stop the increase?

Yes, but only temporarily. If you refer the matter to the Tribunal before the date on the notice, the proposed increase does not take effect until the Tribunal has made its determination. You should continue paying your current rent while the case is pending.

Is this different from a rent review clause?

Yes. A rent review clause in a fixed-term tenancy agreement allows the landlord to increase rent during the fixed term in the way the agreement describes. Section 13 only applies to periodic tenancies. If your fixed term has a rent review clause and you think the increase is unreasonable, you may have grounds to challenge it as an unfair contract term, but the section 13 process does not apply.

Rent increases and disrepair

If your landlord is trying to increase your rent while your home has disrepair that has not been fixed, this is relevant context. A landlord who increases rent while failing to maintain the property may be in breach of their repairing duty. You may have a disrepair claim that can be pursued separately or alongside any challenge to the rent increase.

See our guide: /help-centre/challenging-a-rent-increase.

Can my landlord evict me for not paying the higher rent?

Only if the increase has been validly applied and you have refused to pay it. If the notice is defective, or if you have referred it to the Tribunal before the effective date, the old rent remains due. Seek advice if your landlord threatens eviction over a disputed rent increase.

When should I contact Support for Tenants?

If your home has disrepair, damp, mould, broken heating, or structural problems, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Section 13, Housing Act 1988 (legislation.gov.uk)

Related articles

• First-tier Tribunal (Property Chamber), explained
• What is a periodic tenancy?
• Tenancy agreement, unfair terms
• Can I be evicted for complaining?