How to Increase the Rent by Serving a Section 13 Notice

Serving a Section 13 notice is one of the ways landlords can increase rent under the Housing Act 1988. However, once the Renters’ Rights Act comes into effect, this is set to change.

With the plan being to phase out fixed-term tenancies in favour of periodic agreements, issuing a Section 13 notice will soon be the only legal route to increase rent. This places greater responsibility on landlords to follow the correct process and avoid costly errors.

In this article, we’ll break down what these changes mean, show you how to remain compliant, and share practical steps to make rent reviews easier and less stressful.

1. When can landlords legally serve a Section 13 notice?
2. Filling out a Form 4 and common mistakes to avoid
3. How to serve a Section 13 notice
4. Can tenants dispute a Section 13 rent increase?
5. Other ways landlords can currently increase rent
6. How the Renters’ Rights Act affects Section 13 rent increases

When can landlords legally serve a Section 13 notice?

Landlords can only serve a Section 13 notice in a periodic tenancy and do so only once every 12 months.

The minimum notice period for tenancies with a period equal to or shorter than monthly (e.g., fortnightly or weekly) is one month. For tenancies where the rent is paid yearly, the minimum notice period is six months. In all other cases, the minimum notice is equal to the rental period. 

Once the form has been completed correctly and in full, it must be served on the tenant. The Section 13 notice cannot be served during the fixed-term tenancy period; it must be served once the agreement transitions into a periodic tenancy.

You should begin receiving the new rent at the start of the next rental period. For example, in a monthly tenancy starting on the 10th of each month, the new rent becomes due from the 10th of that month.

If there is no written agreement in place for the tenancy, and therefore no fixed term, then Section 13 cannot be used within 52 weeks of the beginning of the tenancy. In other words, it can’t be used during the first year of a tenancy that doesn’t have a written tenancy agreement. 

If you happen to have a contractual periodic tenancy that includes a rent review clause, then the terms of that clause must be adhered to and Section 13 will not be able to be used. 

Landlords can serve a Section 21 eviction notice and a Section 13 rent increase notice at the same time, if needed.

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Filling out a Form 4 and common mistakes to avoid

To use Section 13, you must fill out a Form 4 and serve it to the tenant. You can easily download a Form 4 from the government’s official website.

The form provides clear instructions for completing each field and includes helpful guidance notes at the bottom to help landlords fill it in accurately.

However, here are a few common mistakes landlords make that you should watch out for:

• Make sure you meet all the criteria specified in the above section. If you serve this notice without meeting the criteria (e.g., having served one in the past 52 weeks) then the notice will not be valid
• Make sure the new rent is payable from the beginning of the rental period
• Use the correct notice period depending on whether your rental period is monthly, weekly or yearly
• The landlord or the agent acting on behalf of the landlord must sign and date the notice. If there are joint landlords, then both must sign the notice unless there is an agreement where one of the landlords can sign for both
• Be absolutely sure to spell the names of all tenants correctly
• Make sure you get the property address correct

How to serve a Section 13 notice

Once you have filled out a Form 4, you will need to serve it on the tenant. 

You can serve the notice by first-class post, hand delivery, or through a process server, unless the tenancy agreement specifies a different method.

Whatever delivery method you choose, be sure to keep proof of service, such as a receipt from the post office, to avoid any disputes about when the notice was served.

What happens after?

If the tenant agrees to the proposed rent increase, they just need to start paying the new amount from the next rent due date.

If they don’t respond, the increase is usually considered accepted by default, and the new rent will apply from the start of the next rental period.

However, if the tenant believes the increase is unfair, they have the right to challenge it.

Can tenants dispute a Section 13 rent increase?

Yes, tenants can challenge a rent increase by referring it to the First-tier Tribunal (also called the Property Chamber). This is a legal body that helps settle disagreements about property issues, like whether a rent increase is fair.

To challenge the increase, the tenant must submit their application before the date the new rent is due to begin. The tribunal will look at what similar properties in the area are being let for and decide what a fair rent would be. They can agree with the landlord’s proposed rent, set a different amount, or even lower the rent.

Keep in mind that if the tenant doesn’t apply in time – or pays the new rent even once – it’s usually seen as accepting the increase. After that, you can’t raise the rent again unless your tenant agrees or you issue another Section 13 notice. Remember, you can only use Section 13 once every 12 months.

If your tenancy has moved on from a fixed term to a rolling (periodic) one, and there’s no rent review clause in the agreement, you can serve a Section 13 notice the day after the fixed term ends. The new rent would then take effect from the next rent due date.

Other ways landlords can currently increase rent

At the moment, landlords have several options to raise rent beyond serving a Section 13 notice:

• Rent review clauses: These can be included in fixed-term agreements, allowing rent to be adjusted at specific points during the tenancy.
• Renewing fixed-term tenancies: When offering a new fixed-term contract to the same tenants, landlords can set a higher rent for the next term.
• Mutual written agreements: Landlords and tenants can agree to a rent increase during a tenancy, provided it’s clearly documented in writing.

These options allow landlords to adjust rent when necessary, making it easier to keep up with rising expenses or market changes. For a deeper dive, check out our blog on how landlords can increase rent in 2025.

How the Renters’ Rights Act affects Section 13 rent increases

Once the Renters’ Rights Act comes into effect, landlords will only be able to raise rent once a year using the Section 13 process. Here’s what you need to know:

• Landlords must give tenants at least two months’ notice, doubling the current one-month requirement. The increase can only take effect at the end of a rent period.
• Any rent review clauses in existing agreements will no longer apply. Landlords and tenants can, however, agree to lower rent at any time.
• Tenants can contest the proposed increase free of charge at the First-tier Tribunal (FTT).

If the tribunal finds the rent exceeds market levels, it can reduce the amount or delay the increase by up to two extra months in cases of hardship. This means it could take several months (possibly up to six) from the date a Section 13 notice is served before the new rent comes into effect.

The Secretary of State may introduce regulations that backdate the increase to the notice date, but unless this happens, landlords should expect a delay. Because tenants have nothing to lose by challenging a rent increase, even modest increases could be postponed, potentially creating backlogs at the FTT.

Under the new rules, the FTT will only be able to approve the requested rent or reduce it if it’s above market value. It will no longer be able to set a higher rent than the amount proposed by the landlord.

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