If you have ever used a rent review clause — a line in your tenancy agreement that allows you to increase rent annually by a fixed percentage or by reference to CPI or RPI — that clause becomes legally void from 1 May 2026.
From the same date, the only valid mechanism for increasing rent on any assured tenancy in England is the statutory Section 13 notice, using the new Form 4A. There is no grace period. There is no workaround.
This affects every private landlord in England. If you have been relying on contractual review clauses, or informally agreeing rent increases with tenants without formal notice, you need to understand the new process before May arrives — now just weeks away.
Why Rent Review Clauses Are Being Abolished
The Renters' Rights Act 2025 converts all existing fixed-term Assured Shorthold Tenancies into periodic Assured Periodic Tenancies on 1 May 2026. Because fixed-term tenancies no longer exist, contractual rent review clauses — which were written to operate within the fixed-term framework — have no legal basis going forward.
The government's stated policy goal is a simpler, standardised rent-increase process that tenants understand and can challenge. Section 13 achieves this by:
- Requiring formal advance notice with a prescribed form
- Limiting rent increases to once per 12 months
- Giving tenants a clear statutory route to challenge increases at the First-tier Tribunal
Any clause in a current tenancy agreement that defines how rent will be increased — whether by reference to CPI, RPI, a fixed percentage, or any other method — is null and void from 1 May 2026. The Independent Landlord, Gowling WLG, and the NRLA all confirm this.
The Section 13 Process: Step by Step
Step 1 — Check When You Can Serve
You can only increase rent once every 12 months using Section 13. This means:
- You cannot serve a second Section 13 notice within 12 months of the previous rent increase taking effect
- If you want to increase rent before 1 May 2026, you must use the current Form 4 and serve it so that it takes effect before May 1
- Any Section 13 notice served on or after 1 May 2026 must use Form 4A — the new prescribed form
⚠️ Use the right form. Form 4 and Form 4A are different documents. Using the old Form 4 after 1 May 2026 will invalidate the notice. Form 4A is available from gov.uk.
Step 2 — Complete Form 4A
Form 4A requires you to state:
- The address of the tenanted property
- The tenant's name(s)
- The current rent and the proposed new rent
- The date the new rent is to take effect (this must be the start of a rent period and must be at least two months after the date of service)
The proposed rent must be a specific figure, not a percentage increase or formula.
Step 3 — Serve the Notice With at Least 2 Months' Notice
You must give the tenant at least two months' written notice before the new rent takes effect.
The notice must be served in writing. Best practice is to serve it:
- By hand with a signed receipt, or
- By first-class post to the property address, keeping proof of posting, or
- By email if the tenancy agreement explicitly authorises email service
Keep a record of how and when it was served. If a tenant challenges the increase and it reaches the Tribunal, your proof of service will matter.
Step 4 — Wait for the Notice Period to Expire
Once served, the notice period runs for at least two months. During this time, the tenant can:
- Accept the increase — rent changes automatically on the effective date
- Challenge the increase at the First-tier Tribunal — see below
- Do nothing — the increase takes effect as stated if no challenge is lodged before the effective date
You cannot withdraw a Section 13 notice once served, unless you and the tenant agree in writing to a different figure.
The Tribunal Challenge: The Risk Landlords Are Underestimating
Under the Renters' Rights Act, tenants have nothing to lose by challenging a Section 13 notice at the First-tier Tribunal. The Tribunal will assess the market rent — and critically:
- If the Tribunal sets a lower rent than you proposed, that lower figure becomes the new rent
- If the Tribunal confirms your proposed rent or sets a higher one, the new rent takes effect — but only from the date of the Tribunal's decision, not from the original notice date
This second point is the trap. If a tenant lodges a challenge the day before your notice was due to take effect, the new rent is delayed until the Tribunal decides — which can take weeks or months. The tenant pays the old rent throughout.
The fee for a tenant to challenge a Section 13 notice is just £47. At this price, tenants have a strong financial incentive to challenge any increase they consider unreasonable, especially as the new rent is delayed from their perspective even if the Tribunal upholds your proposed figure.
Practical implication: Pitch your increase at demonstrably market rent, backed by comparable lettings in your area. A well-evidenced, market-rate increase is far less likely to be challenged — and if it is, more likely to be upheld quickly.
Recovering EPC Upgrade Costs Through Rent Increases
Many landlords planning to upgrade their EPC rating to meet the 2030 MEES C deadline are asking whether they can recover those costs by increasing rent. The honest answer: yes, but within the constraints of the Section 13 process.
Under Section 13:
- You can only increase rent by the market rate — you cannot add a "cost recovery surcharge" to an above-market rent
- The Tribunal will assess the proposed rent against comparable market rents, not against your cost base
- If your proposed rent is within the market range, the fact that you have spent money on EPC improvements is entirely consistent with justifying an increase
The most defensible strategy is to make your EPC improvements, then reassess the market rent for a freshly upgraded property (which may genuinely command more) and serve a Section 13 notice for that amount.
For guidance on which EPC improvements qualify as tax-deductible expenses, see our EPC upgrade tax relief guide.
Key Dates and What to Do Before 1 May 2026
| Situation | What to do | Deadline |
|---|---|---|
| You have a CPI/RPI/% review clause and want to use it | Serve current Form 4 notice now, effective before 1 May | Before 1 May 2026 |
| You want to increase rent after May 1 | Use new Form 4A, 2 months' notice | Any time — once per 12 months |
| Your tenancy specifies quarterly rent | Reverts to monthly period automatically | From 1 May 2026 |
| You have a joint tenancy | Section 13 notice must be served on all tenants | Per tenancy |
Frequently Asked Questions
Can I still increase rent by mutual agreement with my tenant? Not in the same informal way as before. The Act allows a tenant and landlord to agree a different rent figure — but the Section 13 notice must still be served first. The tenant can agree in writing to a rent different to what you initially proposed, but the formal process cannot be bypassed.
What if I never used rent review clauses — do I need to change anything? If you have always relied on Section 13 for rent increases, the process is broadly the same — you simply need to use Form 4A instead of Form 4 from 1 May 2026, and remember that the 2-month notice requirement is now universal.
Can I serve a Section 13 notice during a fixed-term tenancy that's currently running? Under current rules, no — Section 13 only applies to periodic tenancies. But from 1 May 2026, all ASTs automatically become periodic. After that date, you can serve a Section 13 notice regardless of whether the tenancy was originally fixed-term.
My letting agent handles rent reviews — do they use the right form? Ask your agent to confirm they will switch to Form 4A from 1 May 2026. Legal responsibility for serving the correct notice remains with you as the landlord, not the agent. An agent who serves an invalid Form 4 after May 1 does not relieve you of liability.
I want to increase the rent to cover a boiler upgrade — can I mention that in the notice? No. Form 4A records only the current and proposed rent, not the justification. If challenged at Tribunal, you may provide evidence of comparable market rents. Your upgrade costs are not a justification the Tribunal will consider independently.
What's Next: RRA Phase 2
Section 13 is one of several changes landing on 1 May 2026. For the full picture of what the Renters' Rights Act changes now versus what follows later in 2026, see our RRA Phase 2 guide.
For the broader landlord-to-do list before May, see our April 2026 compliance checklist.