Rent increases and Section 13: the rules in 2026
Your landlord can now only raise your rent once a year, using a formal Section 13 notice with at least 2 months' warning. The Renters' Rights Act 2025 rewrote the rules from 1 May 2026: rent review clauses in tenancy agreements no longer have any legal effect, and if you think the proposed figure is above the market rate you can challenge it at the First-tier Tribunal before the new rent starts. The tribunal can't set a rent higher than your landlord asked for. This guide walks through the notice rules, the challenge process, deadlines and costs.
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.
How can my landlord increase my rent in 2026?
There's now only one lawful route: a Section 13 notice under the Housing Act 1988, served on the prescribed form (Form 4A), giving you at least 2 months' notice, and no more than once in any 52-week period. Any clause in your tenancy agreement that tries to raise the rent another way has no legal effect.
That single-route rule comes from section 6 of the Renters' Rights Act 2025, which took effect on 1 May 2026 in England. Before that date, landlords could raise rent mid-tenancy through a rent review clause, or by offering a renewal at a higher figure with a Section 21 eviction hovering in the background. Both of those levers are gone. Every assured tenancy is now periodic (rolling), fixed terms no longer exist, and Section 21 has been abolished, so a landlord can't remove you just for saying no.
You and your landlord can still agree a different rent between yourselves in writing. That's allowed. The point of the new rules is that a rent rise can't be imposed on you by any route other than a valid Section 13 notice.
A small historical exception: if your tenancy started before 15 January 1989 you may be a regulated tenant under the Rent Act 1977, with a registered "fair rent" set by the Valuation Office Agency rather than the Section 13 regime. Fewer than 1 in 100 tenancies fall into this group, but if yours does, the rest of this page doesn't apply to you.
How much can my landlord put the rent up by?
There's no fixed cap on the amount. The government's stated standard is the market rate: the rent the property would achieve if it were advertised to let today. If the figure in your notice is above that, the First-tier Tribunal can substitute the open market rent instead.
That makes evidence your best tool. For context, the Office for National Statistics put average UK private rent at £1,388 a month in the 12 months to June 2026, up 3.3% on the year (England averaged £1,446, up 3.4%). Your local picture matters more than the national one, so before deciding whether a proposed rise is fair, gather:
- Current listings for similar properties in your postcode area on Rightmove, Zoopla or OpenRent, saved as screenshots with dates
- The condition of your home compared with those listings (dated photos help if yours is in worse shape)
- What's included in your rent (bills, furniture, parking) versus the comparables
- Your local authority's Local Housing Allowance rate as a floor reference for the area
A 3-4% annual rise in line with local market movement may be hard to beat at tribunal. A 15-20% jump in an area where rents have moved a few percent typically gives you a strong case.
Is my Section 13 notice actually valid?
Check four things before anything else: the notice is on the prescribed form (Form 4A for notices served from 1 May 2026), it gives at least 2 full months before the new rent starts, at least 52 weeks have passed since the last increase, and the property and parties are correctly identified. A notice that fails any of these has no effect and your current rent continues.
Common defects worth looking for:
- Wrong form or no form. A rent rise announced by text, email or letter without Form 4A isn't a valid Section 13 notice. The form itself must tell you about your right to go to the tribunal.
- Short notice. Anything less than 2 months between service and the start date fails. Count carefully and keep the envelope if it arrived by post, since service dates are often argued over.
- Too soon after the last rise. If your rent already went up within the past 52 weeks, a new increase can't take effect yet.
- A "rent review" dressed up as an increase. Clauses that escalate rent automatically, and demands relying on them, have no effect under the new regime.
If the notice is defective, tell your landlord in writing why, keep paying your existing rent, and keep copies of everything. The landlord's remedy is to serve a fresh, valid notice, which restarts the 2-month clock.
How do I challenge a rent increase at the First-tier Tribunal?
Apply to the First-tier Tribunal (Property Chamber) using form MR1 or the online service, before the start date given in your Section 13 notice. The fee is £47, waived if you rent from a social landlord or your notice predates 1 May 2026, and fee support may be available on low incomes. Your existing rent stays payable while the case is decided.
The deadline is the part tenants most often get wrong. Gov.uk guidance is explicit: you must apply before the new rent's start date, even if you're still collecting evidence. Miss it and the increase takes effect. Applying costs less than most weekly rent rises, and the Renters' Rights Act removed the old risk that made tenants hesitate: the tribunal can no longer set the rent higher than the figure your landlord proposed. The realistic outcomes are the landlord's figure, or something lower.
The process is designed to be used without a solicitor. Many cases are decided on the papers, though either side can ask for a hearing, and the tribunal may inspect the property. Decisions typically arrive within a few weeks of the hearing or paper determination, though timescales vary by region and caseload.
What will the tribunal look at and decide?
The tribunal decides the open market rent: what the property would reasonably let for today, on the same terms, in its actual condition. It weighs your comparable evidence against the landlord's, and it may account for disrepair, outdated fittings or anything else that separates your home from the advertised listings both sides rely on.
Three protections in the Renters' Rights Act 2025 shape the outcome:
- No upward surprises. The rent payable ends up as the lower of the tribunal's market assessment and the landlord's proposed figure. It cannot exceed what the notice asked for.
- No backdating. The new rent applies from the notice's start date only if the tribunal has already decided by then; otherwise it runs from the date of the tribunal's determination. You never owe a lump sum of arrears for the months the case took.
- Hardship deferral. Where the increase would cause undue hardship, the tribunal can delay the new rent's start by up to a further 2 months.
Bring dated evidence: 3 to 5 comparable listings, photos of your property's condition, and a short statement explaining any differences. The tribunal deals in market facts, not affordability, so "I can't afford it" carries little weight on its own, while "identical flats on my street are listed at £150 less" carries a lot.
What should I do when a rent increase notice arrives?
Work through four steps in order: check the notice's validity within the first week, try negotiating in weeks 1 to 2, file your MR1 application well before the new rent's start date if talks fail, then prepare evidence for the determination. Keep paying your current rent throughout.
- Week 1: validity check. Test the notice against the four validity points above. A defective notice means the old rent continues and the ball is back in the landlord's court.
- Weeks 1-2: negotiate. Most disputes settle here. Email your landlord with your comparables and a counter-offer. Landlords face a void period and re-letting costs of typically hundreds of pounds if you leave, and under the new regime they know the tribunal caps the outcome at their own figure. A phased or smaller rise is a common landing point. Get any agreement in writing.
- Before the start date: apply. If negotiation stalls, file form MR1 with the £47 fee (or fee waiver) before the date in the notice. Don't wait for perfect evidence; the application preserves your position and evidence follows.
- After filing: prepare. Respond to tribunal directions promptly, submit your comparables, and decide whether to request a hearing or accept a paper decision.
Worried about payback? Since 1 May 2026 your landlord can't evict you without proving a legal ground in court, and challenging a rent increase isn't one. If a landlord responds to a tribunal application by claiming they're selling up, the selling ground carries 4 months' notice, a 12-month protected period and a 12-month re-letting ban; our guide on what happens when a landlord sells covers how to test whether a sale is genuine.
How do the new rules compare with the old ones?
| | Old regime (before 1 May 2026) | New regime (from 1 May 2026) | |---|---|---| | Routes to a rent rise | Section 13 notice, rent review clause, or renewal at a higher rent under Section 21 pressure | Section 13 notice only (or genuine written agreement); review clauses have no effect | | Minimum notice | 1 month for monthly tenancies | 2 months for all periodic assured tenancies | | Frequency | Once a year via s.13, but clauses and renewals could sidestep it | Once per 52 weeks, no sidesteps | | Notice form | Form 4 / Form 4A (old versions) | Form 4A (current prescribed version) | | Tribunal risk for tenants | Tribunal could set a rent higher than the landlord proposed | Capped at the landlord's proposed figure | | Backdating | Increase could apply from the notice date, creating arrears after a lost challenge | Applies from determination date at the earliest if the case is still running; no backdated arrears | | Hardship | No deferral power | Tribunal can defer the start by up to 2 months | | Cost to challenge | Free | £47, with waivers for social tenants and fee support on low incomes | | Retaliation risk | Section 21 meant a challenge could trigger no-fault eviction | Section 21 abolished; a ground must be proved in court |
Can my landlord charge fees or use a bidding war instead?
No. The Tenant Fees Act 2019 bans landlords and agents in England from charging fees beyond rent, a capped deposit and a short list of permitted payments, so there's no lawful "admin fee" for processing a rent rise or for you challenging one. And since 1 May 2026, landlords and agents can't ask for, encourage or accept offers above a property's advertised rent; councils can fine up to £7,000 per breach.
Both rules close off pressure tactics. If you're asked to "bid" to keep your home at renewal, or told a charge applies for disputing a rise, that request itself is likely unlawful. Report bidding-war and fee breaches to your local council's trading standards or private housing team, and keep the messages as evidence. More tenant protections are collected in our tenant rights hub.
Can I challenge the rent on a brand new tenancy?
Yes. Under the amended section 14 of the Housing Act 1988, a tenant on a new assured tenancy can ask the First-tier Tribunal to assess the open market rent within the first 6 months of the tenancy, even without a Section 13 notice. The same MR1 form and £47 fee apply.
This is a new lever created by the Renters' Rights Act 2025 and it's aimed at tenants who agreed an above-market figure just to secure a home in a tight market. There are exclusions (it doesn't apply to certain low-cost social tenancies), and a tribunal determination in the first 6 months then sets the baseline until a future Section 13 notice. If you're weeks into a tenancy that you already suspect is overpriced against local listings, the 6-month clock is running.
Do these rules apply in Wales and Scotland?
No, the Renters' Rights Act 2025 covers England. In Wales, rent increases on standard occupation contracts run under section 104 of the Renting Homes (Wales) Act 2016, which typically requires at least 2 months' notice and no more than one increase a year. In Scotland, private residential tenancies allow one increase per 12 months with 3 months' notice, and tenants can refer a rise to a rent officer. Check the current position for your nation before acting, since the details and challenge routes differ.
Where can I get help with a rent increase?
- Citizens Advice and Shelter (0808 800 4444) both offer free guidance on Section 13 notices and tribunal applications, and Shelter publishes worked examples of market-rent evidence.
- The First-tier Tribunal (Property Chamber) publishes the MR1 form and guidance on gov.uk, including fee waiver criteria.
- Your council's private renting team handles bidding-war breaches, harassment and illegal eviction.
- Your tenancy paperwork matters more than ever: keep every notice, email and payment record, since validity challenges usually turn on dates and documents.
The rent rules are new and tribunal practice is still settling, so for anything time-sensitive check the current guidance on gov.uk or take advice before acting. While you're checking your paperwork, it's also worth confirming your deposit was properly protected, since that can affect a landlord's position in any later dispute; you can check your deposit free here.
