How to Respond to Illegal Rent Increases in England

If you're renting in England and facing a sudden or unreasonable rent increase, it's important to know your rights and the correct process landlords must follow. Illegal rent increases can put extra strain on renters, but there are clear legal protections, and actions you can take. This article outlines what counts as an illegal rent increase, the steps to challenge it, and where to get expert support if you need it.

Understanding Rent Increases: What Your Landlord Can and Can't Do

Your landlord must follow legal rules when increasing rent. Most renters in England have an assured shorthold tenancy (AST), and there are set procedures a landlord must follow:

• During a fixed term: Your landlord can only increase rent if your tenancy agreement allows it (for example, with a clause about rent review).
• After the fixed term or during a periodic (rolling) tenancy: Rent can be increased by written agreement or by serving a formal notice—usually a Form 4: Landlord’s Notice proposing a new rent under an assured periodic tenancy (Section 13 notice)[1].

A rent increase may be illegal if the landlord:

• Does not use the correct notice procedure
• Tries to raise rent more than once a year for periodic tenancies without your agreement
• Demands an unreasonable or excessive increase compared to similar local properties
• Raises rent in a way that could be considered harassment or a method of forcing you to leave

What is Section 13 and When Is It Used?

Under the Housing Act 1988, Section 13, your landlord must use a prescribed process to propose a new rent for periodic tenancies.

• Form 4 - Landlord’s Notice: This form is used to formally notify you of a proposed rent increase. The landlord must give at least one month’s notice and use the official form. Download Form 4 from gov.uk.

Example: If your landlord sends you a casual email demanding higher rent from next week, without an official notice, this is not legal. They must give you at least one month’s notice using Form 4.

How to Challenge a Rent Increase

If you believe a rent increase is unfair, excessive, or not served properly, you have the right to challenge it.

1. Check the Notice

• Was the official process used? (e.g., did you receive a proper Form 4 notice?)
• Was the right amount of notice given (at least one month)?
• Is the increase reasonable compared to local market rents?

2. Respond to Your Landlord in Writing

• State your concerns clearly (such as short notice or an excessive rise)
• Suggest negotiation where possible

3. Apply to the First-tier Tribunal (Property Chamber)

If you and your landlord cannot reach an agreement, or you believe the rise is significantly above local averages, you can challenge it by applying to the First-tier Tribunal (Property Chamber - Residential Property).

• Form: Application referring a notice proposing a new rent under an assured periodic tenancy (Section 13(4), Housing Act 1988)
• Download Form Rent 1
• You must apply before the new rent is due to start—typically within the notice period.
• The tribunal will decide whether the proposed rent is fair for your area and property type.

Example: If your landlord serves you a Section 13 notice increasing the rent by 40%, and you believe this is above similar local rents, you can submit Form Rent 1 to the tribunal for them to assess and set a fair rent.

4. Keep Paying Your Current Rent

Continue paying your existing agreed rent until the dispute is resolved to avoid arrears or potential eviction proceedings.

Your Legal Protections

Renters in England are shielded by laws that prevent arbitrary or unfair rent increases. The main legislation covering this is the Housing Act 1988[2]. If your landlord tries to pressure you with illegal demands or threats, there are routes to challenge this and protect your rights.

1. Can my landlord raise my rent whenever they want?
   No. For most assured shorthold tenancies, your landlord can usually only increase rent at the end of a fixed term or during a periodic tenancy, once per year, and must use the proper notice.
2. What can I do if I think the rent increase is too high?
   You can negotiate with your landlord or apply to the First-tier Tribunal (Property Chamber) to have the new rent assessed. You must act before the increase takes effect.
3. Do I have to pay the new rent while I'm challenging it?
   Keep paying your existing rent while disputing the increase. Only pay the new amount if the tribunal rules in the landlord’s favour.
4. Is there a fee to challenge a rent increase at the tribunal?
   Usually, there is no fee for rent assessment applications at the tribunal. You can find more details on gov.uk’s rent tribunal guidance page.
5. What if my landlord retaliates when I challenge the increase?
   Retaliation, such as trying to evict you without proper grounds, is illegal. Seek advice from your local council or Citizens Advice if you feel threatened.

Key Takeaways: Protecting Yourself from Illegal Rent Increases

• Landlords must follow strict procedures and provide proper notice to raise rent.
• You have the right to challenge excessive or unfair increases through negotiation or the First-tier Tribunal (Property Chamber).
• Use official forms and keep written records throughout the process for your protection.

Need Help? Resources for Renters

• First-tier Tribunal (Property Chamber – Residential Property): Handles disputes over rent increases, tenancy conditions, and more.
• Private renting: Your rights and responsibilities — Official government advice for England.
• Shelter England: Rent Increases
• Citizens Advice: Free support on housing and tenancy disputes.
• Your local council’s housing department: Can provide advice or intervene if you’re being harassed or threatened with illegal eviction.

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1. Form 4 notice (Section 13): gov.uk official guidance
2. Housing Act 1988 (England) – official legislation

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