Rent increases and Section 13: the position in 2026
Rent increases and Section 13 is a critical aspect of tenancy law that governs how landlords can legally raise rents on tenants. This section enables landlords to request rent hikes. Provided they adhere to strict notice requirements and follow legal procedures carefully laid out by various statutes. In 2026, the situation for rental agreements continues to evolve, with new legislation like the Renters' Rights Act 2025 imposing stricter controls over rent increases and tenancy terms.
2026 update - Renters' Rights Act 2025: The rules on rent rises have changed. Under the Renters' Rights Act 2025 your rent can be increased only once a year, and only through a formal Section 13 notice. If the increase is above the going market rate you can challenge it at the First-tier Tribunal, which cannot raise it any higher than the landlord proposed. Rental bidding wars are also being banned. The Act is being phased in across 2026. See our Renters' Rights Act 2025 guide.
This article covers how these changes affect both tenants and landlords, providing a full understanding of their rights and obligations under current law. The discussion will cover key statutory provisions, practical implications for daily tenancies, common scenarios that arise, the evidence tenants should keep, steps to take if disputes occur, typical mistakes to avoid, and where to seek help.
What the law says
The legal framework governing rent increases in England is primarily set out by the Housing Act 1988 (s.8, s.13, s.21), the Landlord and Tenant Act 1985 (s.11), and the Deregulation Act 2015 (s.33). Additionally, the Renters' Rights Act 2025 significantly revised these statutes to provide more protection for tenants while also setting clear guidelines for landlords.
Section 13 of the Housing Act 1988 allows a landlord to seek an increase in rent during the term of an assured shorthold tenancy if it complies with certain conditions. For example, the notice must be given at least two months before the proposed increase and must include specific wording required by law. The Deregulation Act 2015 further amended Section 13 to provide greater transparency and fairness for tenants.
The Tenant Fees Act 2019 also plays a role here, banning landlords from charging fees on top of rent increases unless expressly allowed under legislation such as the Rent Act 1977 or Housing Act 1988. This ensures that any additional costs associated with rent hikes are clear and reasonable.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 fundamentally transformed the situation for both tenants and landlords by abolishing Section 21 notices from the statutory conversion date. This means that landlords can no longer serve a Section 21 notice to evict a tenant without a specific reason, such as non-payment of rent or breach of tenancy terms.
The Act also introduced periodic tenancies from day one for new contracts, eliminating fixed-term agreements unless explicitly stated otherwise. At Rent increases and Section 13, additionally, an annual rent cap via Section 13 ensures that landlords can't arbitrarily raise rents beyond what's deemed fair and reasonable by the government guidelines set forth in the Renters' Rights Act.
the Decent Homes Standard has been extended to cover private rented sector (PRS) properties, mandating landlords to maintain their properties up to a certain standard. Awaab's Law, originally aimed at social housing tenants, is now applicable to all private renters, ensuring that living conditions meet minimum health and safety standards.
A new Private Rented Sector (PRS) Ombudsman has been established to handle disputes between tenants and landlords, while the PRS Database registration requires landlords to register their properties and undergo a compliance check. These changes collectively aim to provide more security and protection for tenants against unjust rent hikes and substandard living conditions.
What this means for tenants
For tenants, these new provisions mean enhanced protections against arbitrary rent increases and unfair eviction notices. Under the Renters' Rights Act 2025, tenants may be entitled to negotiate better terms with their landlords due to an annual cap on rent hikes. If a landlord tries to increase rent beyond the allowed limit, you may have grounds to dispute this in a tribunal or through the PRS Ombudsman.
It's important for tenants to understand and utilise these legal tools to protect themselves from exploitative practices. Keeping thorough records of correspondence with your landlord regarding rent increases will help build a strong case should any disputes arise. Tenants are typically expected to respond promptly to Section 13 notices by either agreeing to the proposed increase or negotiating a fairer rate.
If negotiations fail, tenants may seek assistance through local council environmental health departments or housing advice services. Filing a dispute with your deposit scheme provider can also be an effective step if the issue pertains to breaches of tenancy agreement terms related to rent payments.
What this means for landlords
Landlords now face stricter regulations and compliance obligations under the Renters' Rights Act 2025, particularly concerning Section 13 notices. At Rent increases and Section 13, to legally increase rent, a landlord must follow precise notice requirements set out in the Housing Act 1988 (s.13). The notice period is typically two months before the proposed change takes effect and must include specific wording mandated by law.
Landlords are also required to adhere strictly to annual rent caps established under the Renters' Rights Act, ensuring that any increase remains within legal limits as dictated by government guidelines. Failure to comply with these rules may result in penalties or disputes that could be costly and time-consuming to resolve.
landlords must maintain their properties up to Decent Homes Standard requirements and register on the PRS Database, undergoing compliance checks. These measures ensure that living conditions meet minimum health and safety standards expected by all tenants.
Landlords are advised to seek legal advice or use templates from organisations like Shelter or Citizens Advice to draft Section 13 notices correctly. Proper documentation and adherence to statutory deadlines will help landlords avoid potential disputes with their tenants over rent increases.
Common scenarios
Scenario 1: A landlord serves a Section 13 notice that appears vague or incomplete.
If you receive a poorly drafted Section 13 notice, it may not be legally valid. Tenants should review the notice carefully for compliance with statutory requirements and consult legal advice if necessary to negotiate better terms or dispute the proposed rent hike.
Scenario 2: Your landlord requests an excessive rent increase outside of Section 13 guidelines.
If a landlord proposes a rent increase that exceeds annual caps set by the Renters' Rights Act, tenants may be entitled to refuse this request and seek alternative resolutions. Filing disputes through local council departments or PRS Ombudsmen can help enforce legal limits on rent hikes.
Scenario 3: You disagree with your landlord about property conditions affecting rent adjustments.
If landlords use poor living conditions as justification for higher rents, tenants should gather evidence to challenge these claims. Submitting photos of defects and dates of correspondence can provide a strong case against unwarranted rent increases based on substandard maintenance or repairs.
Evidence tenants should keep
Tenants need to maintain thorough records of all communications with their landlord regarding rent adjustments. This includes keeping copies of Section 13 notices. Emails, letters, and any agreements made about the proposed changes in rental costs. Documenting dates when these correspondences were sent can be important for proving compliance or non-compliance by either party.
Photographs of property conditions at critical moments are also valuable evidence. For instance, capturing images before and after repair requests can demonstrate the necessity of timely maintenance to support arguments against unjust rent hikes based on poor living standards. Keeping detailed records helps build a full case should disputes escalate to formal resolutions through mediation or legal proceedings.
What to do if things go wrong
If you encounter issues with your landlord over rent increases, there's an escalation path you can follow to resolve the problem:
- Complaint letter: Start by sending a polite and detailed complaint letter to your landlord outlining your concerns about the proposed rent increase. Include any evidence you have gathered such as correspondence records and photographs.
- At Rent increases and Section 13, Council environmental health department: If the issue pertains to property conditions affecting rental costs, contact your local council's environmental health department for advice or enforcement actions.
- Deposit scheme dispute: Should disputes arise over breaches of tenancy agreements related to rent payments or maintenance issues, file a claim with your deposit protection scheme provider.
- Housing Ombudsman: Submit complaints about poor service from local housing authorities directly to the Housing Ombudsman for investigation and mediation.
- PRS Ombudsman: For disputes specifically involving private rental sector properties, use the PRS Ombudsman as a neutral third party to mediate between tenants and landlords.
- First-tier tribunal: If informal resolutions fail, consider taking your case to the First-tier Tribunal for Property Chamber where judges specialise in resolving landlord-tenant disputes.
- County court: As a last resort, file a lawsuit with the county court if all other avenues have been exhausted or if urgent action is required to prevent eviction proceedings under Section 21 (though this section has now been abolished).
Each step should be taken systematically and with clear documentation to build a strong case for your position.
Common mistakes to avoid
Both tenants and landlords often make several critical errors when dealing with rent increases:
- Improper notice wording: Landlords may use vague or incomplete wording in Section 13 notices, rendering them invalid.
- Overlooking annual rent caps: Both parties might neglect the limitations imposed by annual rent caps under the Renters' Rights Act 2025.
- Failing to gather evidence: Tenants frequently underestimate the importance of collecting photographic and written evidence for disputes over property conditions.
- Ignoring compliance checks: Landlords risk penalties if they don't register their properties on the PRS Database and comply with Decent Homes Standard requirements.
- Neglecting legal advice: Seeking professional guidance early can prevent many misunderstandings and costly mistakes later in dispute resolution processes.
Where to get help
Tenants facing issues related to rent increases or other tenancy disputes should seek assistance from reputable organisations such as Shelter, Citizens Advice, or their local council's housing team. At Rent increases and Section 13, these bodies provide free legal advice and support tailored to specific situations. Additionally, legal aid may be available for those qualifying based on financial need.
For more information and resources, visit the official websites of these organisations:
Legal aid eligibility can vary depending on income levels and specific circumstances. Always check your individual case with a solicitor or Shelter for accurate guidance tailored to your situation.