Can a Landlord Increase Rent After Serving a Section 21 Notice?

The short answer for private renters in England today: section 21 notices no longer exist, so the question has largely changed. Since 1 May 2026, a private landlord in England can raise the rent only by following the section 13 process, whatever else is happening in the tenancy. This guide explains what the law used to say, what it says now, and what to do if you are in this situation.

What the law was before 1 May 2026

Before the Renters' Rights Act 2025 came into force, landlords of assured shorthold tenancies in England could end a tenancy with a section 21 "no-fault" notice. Tenants often worried that, once they had been served one, the landlord could also push the rent up while they were looking for somewhere else to live.

Under the old law, serving a section 21 notice did not freeze the rent or stop the landlord raising it. Nothing in the Housing Act 1988 prevented a landlord from serving a section 13 rent increase notice after a section 21 notice. Rent could rise if:

• the tenancy agreement had a valid rent review clause;
• the tenant agreed to a new rent; or
• the tenancy was periodic and the landlord served a section 13 notice (Form 4), which the tenant could refer to a tribunal.

Equally, a section 21 notice did not end the tenant's duty to pay rent. Rent stayed payable until the tenant left or the tenancy legally ended.

What the law is now (England, private tenancies)

From 1 May 2026, under SI 2026/421:

• Section 21 was abolished for private tenancies in England. A section 21 notice served on or after that date has no effect.
• Most assured shorthold tenancies became periodic assured tenancies.
• Rent review clauses stopped working for private assured tenancies. The amended section 13(4A) of the Housing Act 1988 says the rent cannot go up except through a section 13 notice or a tribunal decision. Any term in the agreement that says otherwise has no effect.

According to the government's guidance on rent increases, a landlord who wants to raise the rent must:

• use Form 4A (Landlord's notice proposing a new rent);
• give at least two months' notice before the new rent starts;
• increase the rent no more than once a year, and not in the first year of the tenancy; and
• follow this process even if the tenant has already agreed to the increase.

The tenant can challenge the proposed rent at the First-tier Tribunal (Property Chamber) before the new rent is due to start. The tribunal decides the open-market rent, but under section 14ZB it cannot set a rent higher than the landlord proposed. The increase is not backdated: if the start date in the notice has already passed by the time the tribunal decides, the new rent starts from the next rent period after the decision. If paying from that date would cause the tenant undue hardship, the tribunal can delay it by up to two months from its decision.

What if a section 21 notice was served before 1 May 2026?

Under the transitional rules in Schedule 6 to the Renters' Rights Act 2025, a tenancy where a valid section 21 notice was served before 1 May 2026 stayed an assured shorthold tenancy, under the old rules, while that notice remained usable. The landlord had to start court proceedings by the earlier of the time left on the notice or 31 July 2026, as the government's guidance explains.

• If no court claim was requested by 31 July 2026, the notice is now dead and the tenancy is treated as a periodic assured tenancy under the new rules. Any rent increase must use Form 4A and the section 13 process.
• If a claim was requested in time, the tenancy stays an assured shorthold tenancy until the court case ends. In that situation the old rules on rent can still apply, so get advice on your particular facts.

A Form 4 rent increase notice served before 1 May 2026 under the old rules still takes effect as stated, even if the new rent started after that date, and the next increase cannot take effect until a year after that one. A rent review clause increase that was due to take effect after 1 May 2026 does not apply.

Social housing and Wales

The 1 May 2026 changes do not yet apply to housing association (private registered provider) assured tenancies. The government says they will apply from 2027 at the earliest. Social rents are also governed by the Regulator of Social Housing's rent rules, so check your tenancy agreement and ask your landlord how your rent is reviewed.

In Wales, section 21 and section 13 do not apply to most lettings. Since 1 December 2022 the Renting Homes (Wales) Act 2016 has applied. For periodic contracts, a landlord must give at least two months' notice of a rent increase and, after the first increase, no more than one a year (section 104).

What to do

• Tenants in England: if your landlord asks for more rent without a Form 4A notice, you do not have to pay the increase. If you get a Form 4A and think the rent is above the market rate, apply to the First-tier Tribunal before the new rent's start date. If you have been told to leave, ask which section 8 ground the landlord relies on.
• Landlords in England: serve Form 4A with at least two months' notice and keep evidence of local market rents. Do not rely on a rent review clause or a section 21 notice.

Key points

• Under the old law, a section 21 notice did not stop a landlord raising the rent by a valid method.
• Section 21 was abolished for private tenancies in England from 1 May 2026.
• Private landlords in England can now raise rent only through a section 13 notice (Form 4A): two months' notice, once a year, not in the first year.
• Tenants can challenge an increase at the First-tier Tribunal, which cannot set a rent higher than the landlord proposed.
• Housing association tenancies and tenancies in Wales follow different rules.