What is a Section 13 notice?
A Section 13 notice is the formal procedure landlords use to propose a new rent for an existing periodic assured or assured shorthold tenancy in England. The power to give a Section 13 notice is set out in statute and tenants should check the notice against the legal requirements before accepting the increase or taking further steps [3].
Form 4: Notice proposing a new rent
The official form used is the government Form 4, titled "Notice proposing a new rent (Section 13 Housing Act 1988)". The form sets out the current rent, the proposed new rent, the date the increase would take effect, and contact details for the landlord or agent. See the official Form 4 for the exact format and required fields Form 4 — Notice proposing a new rent (Section 13)[1].
Practical example: if your rent is paid monthly on the 1st and a landlord serves a Section 13 notice proposing a higher monthly rent to start from 1 July, the notice should show the proposed amount, the date it takes effect, and be served with the required notice period for your tenancy.
- Check the form name and ensure it is clearly labelled as a Section 13 / Form 4 notice.
- Confirm the proposed amount, frequency (weekly, monthly) and the exact date the landlord says the new rent will start.
- Check whether the increase matches local market levels; large or sudden rises may be questioned at the tribunal.
- Note any reference to the tribunal process and gather evidence (comparable rents, receipts, correspondence) if you intend to dispute the change.
Serving the notice and timelines
A Section 13 notice must be in writing and must specify the date the proposed rent takes effect. For periodic tenancies the notice must allow the correct notice period so the change takes effect on the first day of a rent period; check the tenancy agreement and the statutory provisions for timing [3]. If you are unsure whether the notice period is correct, you can ask the landlord to confirm dates or seek advice before the proposed start date.
If you disagree with the increase
If you think the proposed rent is unfair you should first tell the landlord in writing, set out the reasons, and ask for evidence or negotiation. If you cannot agree, you can apply to the First‑tier Tribunal (Property Chamber) to decide what the rent should be. The tribunal that deals with residential rent disputes in England is the First‑tier Tribunal (Property Chamber) and it can determine whether the increase is reasonable or set a different amount First‑tier Tribunal (Property Chamber)[2].
Common scenarios and practical steps
- If the notice arrival or effective date seems incorrect, contact the landlord immediately and ask for clarification in writing.
- If you agree, confirm acceptance in writing and keep a signed copy for your records.
- If you disagree, send a dated written response explaining why and what outcome you seek; keep evidence to support your position.
- Apply to the First‑tier Tribunal before the effective date if you need a formal decision; the tribunal can set the rent if it finds the proposal unreasonable.
Legal background and other statutes
Section 13 of the Housing Act 1988 provides the statutory route for rent increases under assured tenancies; the wider framework for regulated tenancies may also include older legislation such as the Rent Act 1977 for certain tenancies or historic cases [3][4]. If you occupy a tenancy type not covered by Section 13, different rules may apply.
FAQ
- Can my landlord increase the rent during a fixed‑term tenancy?
- Generally no, unless the tenancy agreement includes a clear written clause allowing a rent increase during the fixed term or you both agree in writing. A Section 13 notice applies to periodic tenancies or when the fixed term has ended and the tenancy has become periodic.
- How long do I have to challenge a Section 13 notice?
- You should respond as soon as possible and, if seeking a tribunal decision, make your application promptly so the tribunal can consider the matter before the proposed effective date. Timelines depend on the tenancy period and the tribunal’s processes.
- Will the tribunal always refuse an increase?
- No. The First‑tier Tribunal considers market rents and the circumstances of the property; it can confirm the landlord’s proposed increase, set a lower increase, or set a different rent the tribunal considers reasonable.
How-To
- Check the Section 13 / Form 4 notice for correct dates and amounts and retain a copy.
- Write to the landlord within a few days if you disagree, stating your reasons and any supporting evidence.
- If you cannot agree, apply to the First‑tier Tribunal (Property Chamber) asking it to determine the rent.
Help and Support
- Check if your landlord can evict you
- Tenancy deposit protection — gov.uk
- How to rent checklist — gov.uk
