Can Tenants Challenge a Section 13 Rent Increase? What Landlords Need to Know
The Renters’ Rights Act has changed how landlords increase rent in England.
Since 1 May 2026, increases for assured periodic tenancies must follow the formal Section 13 process.
Tenants can challenge an increase if they believe it is above the open-market rent or the notice is invalid. Any increase should therefore be fair, supported by evidence and handled correctly.
What is a Section 13 rent increase?
A Section 13 notice is the formal way to propose a new rent. Landlords must use Form 4A and give the tenant at least two months’ notice.
Rent can only be increased once every 12 months and cannot be increased during the first year of a new tenancy. The process must be followed each time, even if the landlord and tenant have already agreed the new amount.
Following the end of fixed-term tenancies, landlords can no longer rely on a contract renewal or an old rent-review clause to introduce an increase.
Can a tenant challenge a Section 13 rent increase?
Yes. A tenant can apply to the First-tier Tribunal if they believe the proposed rent is higher than the property could achieve on the open market.
The tribunal does not simply decide whether the percentage increase feels high or whether the tenant can afford it. Its role is to determine the open-market rent: the amount the property could reasonably achieve if it were let to a new tenant.
There is no set percentage cap. As we covered in our landlord seminar questions, the important figure is the resulting market rent, not simply the percentage change.
A tenant may also challenge the notice itself. This could happen if the wrong form was used, the notice period was too short, the details were incorrect or the increase was due to begin on the wrong date.
Can tenants challenge the rent at the start of a tenancy?
Tenants do not have to wait for a Section 13 increase before asking the First-tier Tribunal to review their rent.
Under Section 7 of the Renters’ Rights Act, a tenant can apply during the first six months of their tenancy to challenge the rent agreed when they moved in. The tribunal will compare that rent with the amount the property could reasonably achieve on the open market.
A similar right previously existed under Section 22 of the Housing Act 1988. However, the tribunal could only reduce the rent where it was significantly higher than the landlord could reasonably expect for a comparable property. The Renters’ Rights Act removed this higher threshold.
The test is now the same open-market rent test used for a Section 13 challenge. The tribunal can confirm the existing rent or reduce it, but it cannot set a higher rent than the tenant is already paying.
For landlords, this makes an accurate rental appraisal important from the beginning of every tenancy. The agreed rent should be supported by clear evidence from genuinely comparable properties, not simply based on the highest advertised rents in the area.
How does a tenant contest the increase?
The tenant must apply for an open-market rent determination before the proposed new rent is due to start. The application currently costs £47, although help with the fee may be available.
The tenant provides the tenancy agreement, the Section 13 notice and evidence supporting their case. The landlord can respond using Form MR2 and has 28 days to submit their response to the tenant and tribunal.
The tribunal may decide the case from the paperwork or arrange an inspection or hearing.
What evidence will the tribunal consider?
The tribunal looks at the property and comparable rents in the local area. Relevant factors include:
- The property’s size, type and location
- Its condition and specification
- Furnishings, appliances and improvements
- Nearby transport, shops, schools and amenities
- Rents agreed for similar properties
Online listings can provide useful context, but evidence of rents that have actually been agreed is usually stronger. A letting agent can help identify suitable comparisons and explain why one property may achieve more or less than another.
Landlords should keep supporting evidence, including comparable listings, recently agreed tenancies and a written rental appraisal.
What happens after the tribunal decides?
If the notice is valid, the tribunal will determine the open-market rent. The figure can be lower than or the same as the amount proposed by the landlord, but not higher.
If the notice is invalid, the increase will not apply. The landlord would need to correct the problem and restart the process.
Both parties receive a written decision confirming the rent and when it becomes payable. If the proposed date has already passed, the new rent will usually begin from the next rent payment date after the decision.
How landlords can prepare for a possible challenge
Check the local market rather than choosing an increase based only on rising costs or a standard percentage. Look for properties that genuinely match yours in size, location, condition and features. Ensure you record your comparable evidence in case you need to rely on this if there is a challenge.
Before serving notice, check that:
- You are using the latest Form 4A
- All tenant and property details are correct
- You have provided at least two months’ notice
- The increase will not begin within 52 weeks of the last one
- You keep evidence showing when the notice was served
Clear communication also helps. Explain why the rent is changing and give the tenant an opportunity to ask questions. The formal notice is still required, but an early conversation may prevent confusion.
Increase rent with confidence
The Section 13 process gives landlords a route to keep rent in line with the market while protecting tenants from excessive increases. The safest approach is to research the rent, use the correct notice and keep clear records.
Our Renters’ Rights Act compliance checklist can help you review your wider responsibilities. For help with rental appraisals, notices or ongoing management, speak to your local Andrews lettings team.
