How to Legally Increase Rent in England Using Section 13 (AST Guide)

For landlords in England with Assured Shorthold Tenancies (ASTs), it is important to follow the correct legal process when increasing rent—especially after the fixed term ends and the tenancy becomes periodic. Section 13 of the Housing Act 1988 provides a formal route for rent increases in such cases. This article is a practical guide for both new and experienced landlords on how to lawfully use Section 13 to raise rent, including eligibility, how to complete the required Form 4, timing requirements, tenant rights, and the latest legal updates.

What is Section 13 and When Can You Use It?

Section 13 refers to a provision in the Housing Act 1988 which allows landlords to propose a new rent amount when the tenancy becomes periodic. It applies only to periodic ASTs or assured tenancies—that is, rolling contracts where the tenancy continues on a weekly or monthly basis after the fixed term ends.

Section 13 cannot be used during a fixed-term tenancy, unless the rent review clause in the contract allows it (and even then, Section 13 typically won’t apply). It can only be used once the fixed term has ended and the tenancy has entered a periodic phase.

Key Conditions for Using Section 13

• Type of tenancy: The tenancy must be an Assured or Assured Shorthold Tenancy (AST) and must be in the periodic stage.
• Minimum tenancy length: Section 13 cannot be used within the first 12 months of a tenancy starting.
• Frequency: You can use Section 13 only once every 12 months.
• No existing rent review clause: If the tenancy agreement includes a rent review clause and the tenancy is still within the fixed term, you must follow the contractual process instead.

Using and Completing Form 4 (Section 13(2) Notice)

To increase rent via Section 13, landlords must serve a written notice using Form 4, formally titled: "Landlord's notice proposing a new rent under section 13(2) of the Housing Act 1988". This is a government-standard form that must be filled out correctly.

Key Items to Include in Form 4:

• Tenant details: Full names of all tenants and the rental property address.
• Landlord details: Your name (or your agent’s) and contact address.
• Current and proposed rent: Clearly state the current rent amount and the new proposed rent, along with the payment frequency (weekly/monthly).
• Effective date: This must be at least the legal notice period away, and must fall on the first day of a rental period (e.g., the same day of the month rent is usually paid).
• Breakdown of charges (optional): If rent includes service charges or other fees, you can itemize them.
• Signature and date: Ensure the landlord or agent signs and dates the notice.

⚠️ Common Errors to Avoid:Using it before the tenancy is 12 months old.Proposing a new rent with less than the required notice.Setting an effective date that is not the start of a rental period.Failing to sign the form or omitting key information.

Required Notice Periods and Frequency

Under Section 13, landlords must give at least the following notice periods depending on the rent payment frequency:

Additionally:

• Rent can only be increased once every 12 months using Section 13.
• The effective date of the new rent must fall on the first day of a rental period.

Tenant Rights and the First-tier Tribunal

If tenants do not agree with the new rent proposed via Section 13, they have the right to challenge it by applying to the First-tier Tribunal (Property Chamber) before the effective date. The Tribunal will assess whether the proposed rent reflects the market value based on comparable properties.

Possible Tribunal Outcomes:

• Approve the proposed rent.
• Set a higher or lower rent, based on market evidence.
• In rare cases, even reduce the rent if it's deemed above market value.

Once the Tribunal makes a decision, the new rent generally applies from the original proposed effective date—unless delayed for specific hardship cases.

2025 Legal Updates: Renters Reform Bill

The UK government has introduced the Renters Reform Bill, which is expected to impact how rent increases are handled:

Key Changes:

• Rent increases must use Section 13 only: Landlords will no longer be able to include rent review clauses in contracts that bypass Section 13.
• Unified 2-month notice period: All Section 13 notices may be required to provide a 2-month minimum notice, regardless of payment frequency.
• One increase per year: Section 13 will remain limited to one use every 12 months.
• Tribunal protections for tenants: Proposed changes may prevent Tribunals from setting rent higher than the landlord's proposal, and may ban backdating rent increases.

🔎 These reforms are still in progress. Landlords should monitor official updates to remain compliant.

Summary

Using Section 13 is the legal and structured way to increase rent under a periodic AST in England. Landlords must:

• Confirm the tenancy qualifies.
• Use the official Form 4.
• Provide proper notice (at least 1 month).
• Avoid increasing rent more than once per year.
• Respect tenants’ right to appeal.

By following these steps, landlords can adjust rent in line with market trends while staying fully compliant with UK housing law.