What is a Section 13 rent increase notice?
A Section 13 rent increase notice is the legal method a landlord uses to propose a higher rent during a periodic assured shorthold tenancy in England. It is authorised by the Housing Act 1988 and sets out the proposed new rent and the date it will start. See the legislation for the exact wording and requirements.[1]
When can a landlord use it?
- A Section 13 notice applies to periodic (rolling) assured shorthold tenancies where rent is paid weekly, monthly or at another regular interval.
- The landlord must serve a written notice that shows the proposed new rent and the date it will take effect.
- Notice periods depend on how rent is paid; you should check the timeframe before the proposed increase begins.
- If you want to dispute the increase, collect your tenancy agreement, rent receipts and any messages as evidence.
Key rules to remember
- A Section 13 notice can only propose a new rent; it cannot end your tenancy or start eviction proceedings by itself.
- If you and your landlord cannot agree, you can apply to the First-tier Tribunal (Property Chamber) to have the rent determined.[3]
- There are limits on retrospective increases; landlords cannot demand extra past rent without a court or tribunal decision.
Official forms and how they are used
- Section 13 notice (no universal form number) — landlords must provide a clear written notice stating the new rent and effective date. Example: a landlord sends a signed letter showing the new monthly rent and the date it starts. Official guidance on how to serve a rent increase is available on GOV.UK.Reference[2]
- Application to the First-tier Tribunal (Property Chamber) — used by tenants to challenge a Section 13 increase when agreement cannot be reached. Example: if you believe the proposed rent is excessive, you can apply for a determination and ask the tribunal to set the fair rent.
FAQ
- Can my landlord increase the rent during a fixed-term assured shorthold tenancy?
- No. A Section 13 notice normally applies only once the fixed term ends and the tenancy becomes periodic, unless your tenancy agreement includes a specific clause allowing increases.
- How much notice must my landlord give?
- Notice periods vary by rent period; for example, monthly rent usually needs at least one month’s notice. Check the exact timing and your tenancy terms.
- Can I challenge the increase without a lawyer?
- Yes. You can gather evidence and apply to the First-tier Tribunal yourself, but legal advice or advocacy can help with complex cases.
- What evidence will help my case?
- Examples include your tenancy agreement, rent statements, comparable local rents and any written communication about the increase.
How-To
- Read the Section 13 notice carefully and note the date the new rent would start.
- Check your tenancy agreement and collect evidence: receipts, emails and tenancy records.
- Contact your landlord to ask for clarification or to try negotiating a different amount.
- If you cannot agree, apply to the First-tier Tribunal (Property Chamber) before the increase takes effect and provide your evidence.
Key Takeaways
- A Section 13 notice proposes a new rent for periodic tenancies and must be in writing.
- Act quickly: note the start date and gather evidence within the notice period.
- You can apply to the First-tier Tribunal if you cannot agree with your landlord.
Help and Support / Resources
- GOV.UK guidance on private renting and rent increases
- First-tier Tribunal (Property Chamber) information
- Housing Act 1988, section 13 (legislation.gov.uk)
