Rent increases under the new rules: What landlords can and can't do

Rent increases under the new rules: What landlords can and can't do

Rent increases under the new rules: What landlords can and can't do

The Renters' Rights Act 2025, which came into force on 1 May 2026, changed how rent increases work in England's private rented sector in a fundamental way. Before that date, landlords could raise rent using a clause in the tenancy agreement, a mutual written agreement with the tenant, or a Section 13 notice. From 1 May 2026, the first of those routes is gone and the process is consolidated into one prescribed procedure. Understanding what is and is not permitted avoids the most common compliance errors.

What landlords can do

The only lawful mechanism for proposing a rent increase on an assured periodic tenancy in England from 1 May 2026 is the Section 13 process using Form 4A. The government's Information Sheet for the Renters' Rights Act is explicit: landlords can only increase the rent once per year, must give at least two months' written notice using Form 4A, and the proposed increase must reflect the open market rent for the property.

Form 4A is the prescribed government form, available free from gov.uk. It must include the address of the property, the names of the landlord and tenant, the current rent, the proposed new rent, and the date from which the increase is intended to take effect. That date must fall on the first day of a new rental period. The completed form must be served on every named tenant individually.

There is no government cap on what rent level a landlord can propose, provided the figure does not exceed the open market rate for comparable properties in the same area. If the proposed rent is at or below the market rate, it is unlikely to be challenged. If a tenant considers the proposed increase above market rate, they can refer it to the First-tier Tribunal before the proposed start date.

A mutual written agreement with the tenant, where the tenant genuinely and voluntarily agrees in writing to a higher rent, remains an alternative route that does not require Form 4A. The agreement must be freely given.

What landlords cannot do

Rent review clauses in tenancy agreements are void from 1 May 2026. This includes clauses that link rent to CPI, RPI, or a fixed annual percentage. The government guidance confirms that any increase due to take effect after 1 May 2026 under a review clause is not enforceable, even if the clause was triggered before that date. Landlords who have existing agreements with review clauses should not rely on them.

A landlord cannot increase rent more than once in any twelve-month period. The twelve-month clock runs from the date the last increase took effect, not from the date notice was served.

A landlord cannot use any document other than Form 4A to propose an increase. A letter, email, or landlord-drafted document containing the same information does not satisfy the Section 13 requirement. The notice must be on Form 4A, completed in full.

For new tenancies entered into from 1 May 2026, landlords cannot accept rent before the tenancy agreement is signed, and cannot demand or accept more than one month's rent at a time once the tenancy has begun. Advertising a property without a fixed asking rent, or encouraging offers above the listed rent, is also not permitted.

If a tenant challenges the proposed increase

A tenant can refer a proposed Section 13 increase to the First-tier Tribunal before the proposed start date. The tribunal determines the market rent and cannot set it higher than the landlord proposed. The current rent continues until the tribunal decides. If the decision comes before the proposed start date, the new rent applies from that date. If it comes after, the new rent applies from the next payment date following the decision.

 

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