Can a Landlord Increase Rent Without a Section 13 Notice?

If you rent privately in England, the answer since 1 May 2026 is no. A private landlord can only increase the rent by serving a section 13 notice (Form 4A), or after a tribunal decides the rent. Rent review clauses and informal agreements to pay more no longer work on their own. This guide explains the rule, how it changed, and the cases where different rules apply.

The rule for private tenancies in England

The Renters' Rights Act 2025 amended section 13 of the Housing Act 1988. These changes came into force for private assured tenancies in England on 1 May 2026 (SI 2026/421). On that date most assured shorthold tenancies became periodic assured tenancies.

The new section 13(4A) says the rent cannot become higher than the rent for the previous period except through:

• a section 13 notice, or a rent agreed after one;
• a rent decided by the First-tier Tribunal; or
• a written agreement after a tribunal decision, where the agreed rent is lower than the rent the tribunal set.

Any term of a tenancy that says otherwise has no effect. That includes a rent review clause (for example, "the rent will rise by inflation each year").

How a section 13 increase works now

The government's guidance on rent increases says a landlord must:

1. use Form 4A, "Landlord's notice proposing a new rent";
2. give it to the tenant at least two months before the new rent starts. The new rent must start at the beginning of a rent period;
3. increase the rent no more than once a year, and not during the first year of the tenancy; and
4. use this process even if the tenant has already agreed to the increase.

If the tenant thinks the proposed rent is more than the property would get on the open market, they can apply to the First-tier Tribunal (Property Chamber) before the new rent is due to start. Under section 14ZB of the Housing Act 1988:

• the tribunal sets the open-market rent, but never more than the landlord proposed;
• the new rent is not backdated. If the start date in the notice has passed before the tribunal decides, the rent changes from the next rent period after the decision; and
• if paying from that date would cause the tenant undue hardship, the tribunal can delay the start by up to two months from its decision.

The tenancy agreement can still be changed by agreement in other ways, and the rent can always go down by agreement.

What the law was before 1 May 2026

Under the old law, section 13 was only one of several ways to raise the rent on an assured shorthold tenancy. A landlord could also rely on a rent review clause in the agreement, agree a new rent with the tenant (often when a fixed term was renewed), or set a new rent in a new fixed-term agreement. That is why many older guides say a landlord can increase the rent "without a section 13 notice". That is no longer true for private tenants in England.

Two transitional points still matter:

• A Form 4 notice served under the old rules before 1 May 2026 still takes effect as stated, even if the new rent started after that date. The next increase cannot take effect until at least a year after the last one.
• A rent review clause increase that was due to take effect after 1 May 2026 does not apply. An increase that took effect before then counts when working out the one-year wait.

There is one more narrow exception. Where a valid section 21 notice was served before 1 May 2026 and the landlord asked the court to issue a claim by 31 July 2026, Schedule 6 to the Act keeps the tenancy as an assured shorthold tenancy, under the old rules, until the court case ends.

Tenancies where different rules apply

• Housing association (private registered provider) tenancies: the 1 May 2026 changes do not yet apply. The government says they will apply from 2027 at the earliest. Social rents are also controlled by the Regulator of Social Housing's rent rules, and many agreements set out their own rent review process. Check your agreement.
• Council tenancies: these are usually secure or introductory tenancies under the Housing Act 1985, not assured tenancies, so section 13 does not apply. Councils change rents under the terms of the tenancy and must give written notice.
• Regulated (pre-1989) tenancies: these are covered by the Rent Act 1977, under which a "fair rent" can be registered by the rent officer. Section 13 does not apply.
• Lodgers and other excluded arrangements: people who live with their landlord, or occupy under a licence, are not assured tenants. Their rent depends on the agreement.
• Wales: since 1 December 2022 most lettings are occupation contracts under the Renting Homes (Wales) Act 2016, not assured tenancies. Section 13 does not apply. For periodic contracts, a landlord must give at least two months' notice of a new rent and, after the first increase, no more than one a year (section 104).

What to do

• Tenants in England: if your private landlord asks for more rent without a Form 4A notice, the extra is not legally due. You can say politely that you will pay the new rent once a valid notice has been served and the notice period has run. If you do get a Form 4A, check the dates, compare similar local rents, and decide before the start date whether to apply to the tribunal.
• Landlords in England: do not rely on rent review clauses or informal agreements. Serve Form 4A correctly and keep a copy and proof of service.

Key points

• Since 1 May 2026, private landlords in England can increase rent only through a section 13 notice (Form 4A) or a tribunal decision.
• Rent review clauses no longer work for private assured tenancies in England.
• Landlords must give at least two months' notice, can raise the rent only once a year, and cannot raise it in the first year.
• Tenants can challenge an increase at the First-tier Tribunal, which cannot set a rent higher than the landlord proposed and does not backdate it.
• Housing association, council and regulated tenancies, and lettings in Wales, follow different rules.