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

On a periodic, rolling tenancy, no landlord can just announce a higher rent. A formal process applies, built on the Section 13 notice. Here is how it works, what the notice must contain, and what to do if you disagree with the rise.

What is a section 13 notice?

A Section 13 notice, under the Housing Act 1988, is the formal document a landlord serves to raise rent in a periodic assured tenancy. It does not apply to:

• Old fixed-term tenancies with their own rent review clause
• Licences rather than tenancies
• Rents already regulated under the Rent Act 1977

When can the landlord serve a section 13 notice?

The notice needs a periodic tenancy: one rolling weekly, monthly or yearly. The landlord can propose a new rent:

• No more than once every 52 weeks: once a year
• With proper notice: at least one tenancy period. One week for weekly, one month for monthly, six months for yearly

A monthly tenant, then, gets at least one month's warning before the new rent starts.

What must the notice say?

A section 13 notice must:

• Sit on the prescribed form, Form 4, found on GOV.UK
• State the proposed new rent
• State the date it takes effect
• Carry the correct notice

A defective notice, wrong form, short notice, wrong date, may not be valid. Suspect a problem? Take advice.

What if I think the increase is too high?

You can challenge the rise at the First-tier Tribunal (Property Chamber), or the Residential Property Tribunal in Wales, as long as you refer it before the date the new rent takes effect.

The Tribunal weighs the proposed rent against local market rents. It can:

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

A Tribunal-set rent runs from the date in the original notice, and cannot rise again for 52 weeks.

Does challenging the notice stop the increase?

Yes, for a while. Refer before the notice date, and the rise waits for the Tribunal's decision. Keep paying the current rent meanwhile.

Is this different from a rent review clause?

Yes. An old fixed-term agreement's review clause raised rent the way the contract described; Section 13 covers periodic tenancies only. An unreasonable clause rise may be challengeable as an unfair contract term, outside the Section 13 process.

Rent increases and disrepair

A rent rise landing while disrepair sits unfixed is relevant context. A landlord raising rent while failing to maintain the home may be breaching the repair duty, and a disrepair claim can run separately, or beside, the rent challenge.

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

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

Only where the rise validly applied and you refused it. A defective notice, or one referred to the Tribunal in time, leaves the old rent due. Eviction threats over a disputed rise deserve prompt advice.

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, not your pocket. 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?