South Devon’s Independent Letting Agents

Section 13 Notices Explained: Timelines, Evidence and the Most Common Mistakes That Can Invalidate a Rent Increase

Increasing the rent on a rental property may sound straightforward, but since the Renters’ Rights Act 2025 came into force on 1 May 2026, landlords in England have a much more clearly defined process to follow.

Rent increases for assured periodic tenancies must now follow the statutory Section 13 procedure, using the prescribed Form 4A.

Getting the process right matters. Using the wrong form, giving insufficient notice or attempting to increase the rent too soon could mean the proposed increase does not take effect when expected.

Here’s what landlords need to know.

What is a Section 13 notice?

A Section 13 notice is the formal statutory procedure used by a landlord to propose an increase in rent.

From 1 May 2026, landlords can generally no longer rely on a rent review clause within a tenancy agreement to impose an increase.

Instead, the correct Section 13 process must be followed and the landlord must provide the tenant with a completed Form 4A – Landlord’s Notice Proposing a New Rent.

This applies to both new and existing assured periodic tenancies covered by the new system.

How much notice must a landlord give?

Under the new rules, a landlord must give the tenant at least two months’ notice before the proposed new rent is due to take effect.

This is an important change and one landlords need to build into their rent review diary.

For example, if you want a new rent to take effect on 1 October, the notice must be served sufficiently early to ensure the full statutory notice period has been provided.

Leaving a rent review until the last minute could therefore delay the date on which the new rent can legally take effect.

How often can the rent be increased?

Rent can generally only be increased once every 12 months.

A landlord also cannot increase the rent during the first 12 months of a new tenancy.

If the rent has already been increased, including an increase that took effect before 1 May 2026, landlords need to check the date of that previous increase carefully before serving another notice.

The next increase cannot take effect until the required 52-week period has passed.

How much can the rent be increased by?

There isn’t a blanket percentage cap on rent increases.

However, the proposed rent should reflect the open market rent – broadly, what the property could reasonably achieve if it were being offered to let on the open market at that time.

This makes evidence increasingly important.

Before recommending a rent increase, we believe landlords should consider factors including:

  • Comparable properties recently marketed or let locally
  • Property size, type and condition
  • Location
  • Parking, gardens and other facilities
  • Improvements made to the property
  • Current local supply and tenant demand
  • How the existing rent compares with similar properties

Simply deciding that the rent should increase by a particular percentage every year isn’t necessarily the best approach.

A properly researched market appraisal provides a much stronger basis for deciding whether an increase is appropriate.

Can a tenant challenge the increase?

Yes.

If a tenant believes that the proposed rent is higher than the property’s open market rental value, they can challenge the increase through the First-tier Tribunal.

The Tribunal can then determine the appropriate market rent.

This is another reason why landlords should be able to demonstrate how they arrived at their proposed figure.

At Your Home Let, we don’t believe rent reviews should simply be about achieving the highest possible rent.

A good rent review considers the market value of the property alongside the value of retaining a reliable tenant.

Sometimes an increase is clearly justified. At other times, a smaller adjustment may make better commercial sense.

Evidence matters more than ever

Keeping evidence behind a rent review is good practice.

This could include comparable listings, details of recently let properties, information about improvements to the property and a written market appraisal.

If a proposed increase is challenged, having a clear record showing how the figure was reached can be extremely valuable.

It also allows landlords to demonstrate that the proposed rent wasn’t simply an arbitrary figure.

Common Section 13 mistakes

Some surprisingly simple errors can cause problems with a rent increase.

These can include:

Using the wrong form
Following the reforms, landlords should ensure they are using the current prescribed Form 4A, rather than an outdated version of the previous rent increase notice.

Not providing enough notice
At least two months’ notice must be provided before the proposed increase takes effect.

Trying to increase the rent too frequently
Rent increases are limited to once a year, and the effective date of the previous increase needs to be checked carefully.

Increasing the rent during the first year of a new tenancy
The first rent increase cannot take effect during the first 12 months of the tenancy.

Relying on an old rent review clause
Since 1 May 2026, landlords cannot simply rely on a contractual rent review clause to impose an increase where the new statutory procedure applies.

Getting dates wrong
The date the notice is served, the required notice period and the date the proposed rent takes effect all need to work together correctly.

Failing to keep evidence of service
Landlords should retain a clear record showing when and how the notice was provided to the tenant.

Setting an unrealistic rent
A significant increase without supporting market evidence could be challenged by the tenant at the First-tier Tribunal.

Don’t forget about notices issued before 1 May 2026

There are transitional arrangements for some rent increases started before the new legislation came into force.

For example, where a valid Form 4 notice was served before 1 May 2026, the notice and proposed increase can still take effect according to the previous procedure, even where the effective date falls after 1 May.

However, increases previously intended to take effect through contractual rent review clauses need particular care under the transitional arrangements.

If you’re unsure which rules apply, it is sensible to check before proceeding rather than assuming an old tenancy agreement determines the process.

Rent reviews should be planned, not reactive

One of the simplest ways landlords can protect their investment is through regular, properly documented rent reviews.

That doesn’t mean the rent has to increase every year.

It means reviewing the property against the current market, discussing the position with the landlord and making an informed decision.

Leaving a property significantly below market rent for several years and then trying to correct the difference with one substantial increase can create difficulties for both landlord and tenant.

Regular reviews can help keep rents sustainable while maintaining positive, long-term landlord and tenant relationships.

Let us take care of it

For our fully managed landlords, keeping on top of changing legislation and the correct processes is all part of the service we provide.

At Your Home Let, we can review the current rent against the local market, discuss our recommendation with you, prepare the appropriate documentation and ensure the correct notice procedure and timescales are followed.

With legislation surrounding the private rented sector continuing to change, professional management isn’t simply about collecting the rent – it’s about helping protect your property, your income and your investment.

Would you like us to review your property’s current rental value?

Speak to our friendly team at Your Home Let.

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