Your Landlord Is Trying to Increase Your Rent
A landlord can only increase your rent through certain lawful methods. If the proposed increase is not properly notified or is excessive, you have the right to challenge it — including at the First-tier Tribunal.
Quick Answer
For assured shorthold tenants, your landlord can only increase the rent if: (1) you agree to it in writing; (2) a contractual rent review clause in the tenancy permits it; or (3) they serve a valid s.13 notice (Form 4) at least one month before the proposed increase. If you believe the increase is above market rent, you can refer it to the First-tier Tribunal (Property Chamber), which will set a market rent.
Full Explanation
The Housing Act 1988, s.13 governs how landlords of assured and assured shorthold tenants can increase rent during a statutory periodic tenancy. A s.13 notice (using Form 4) must be served on the tenant at least one month before the proposed rent increase date (or at least six months for a yearly periodic tenancy). The notice must specify the new rent and the date from which it is to take effect.
A landlord cannot simply write to you saying the rent is going up from next month. Nor can they increase rent during a fixed-term tenancy unless the tenancy agreement contains an express rent review clause permitting this. A rent increase imposed without following the correct procedure is ineffective — you are entitled to continue paying the old rent.
If a valid s.13 notice is served but you believe the increase is excessive — above the market rent for equivalent properties in the area — you can apply to the First-tier Tribunal (Property Chamber) for a determination of the market rent. The deadline for this application is the day before the proposed new rent comes into effect, so you must act before the new rent date. The tribunal will determine what a willing landlord and a willing tenant would freely agree as the rent in the open market — it cannot set a rent above market rate, but it can set it below what the landlord asked.
For tenants on older 'regulated' (Rent Act 1977) tenancies, the rent may be a 'fair rent' registered with the Valuation Office Agency — a quite different and lower figure than open market rent. Increases to a registered fair rent follow a separate procedure.
Under the Renters' Rights Act 2025 (which came into force in stages from late 2025), a new s.13 process applies to all assured tenancies (the distinction between assured and AST having been abolished). Rent can only be increased once a year via a s.13 notice, and the tribunal's power to set market rent is more clearly available to tenants challenging excessive increases.
Legal Basis
- §Housing Act 1988, s.13 (procedure for rent increases — assured tenancies)
- §Housing Act 1988, s.14 (First-tier Tribunal determination of market rent)
- §Renters' Rights Act 2025 (amended s.13 process and abolition of assured shorthold tenancies)
- §Rent Act 1977 (for pre-1989 regulated tenancies — fair rent procedure)
What To Do
Identify Your Tenancy Type
Check whether you have an assured shorthold tenancy (the standard modern form) or an older assured or regulated tenancy. This determines which procedure applies. For most tenancies starting after 1997, you have an AST (or, from 2025, an assured tenancy under the Renters' Rights Act).
Check Whether the Notice Is Valid
Confirm the landlord has used Form 4 (or an equivalent notice under any updated regulations), that it was served at least one month (or six months for a yearly periodic tenancy) before the proposed date, and that it specifies the new rent and the start date. A notice that is defective in form can be invalid.
Research Comparable Market Rents
If the notice is valid but the increase seems excessive, research what comparable properties in your area are actually letting for. Use Rightmove, Zoopla, and the Valuation Office Agency's rental market statistics. This evidence supports your tribunal application.
Apply to the First-tier Tribunal Before the New Rent Date
Apply to the First-tier Tribunal (Property Chamber) — via GOV.UK or by post — for a determination of market rent. You must do this before the date the new rent is due to take effect. The application fee is modest. After the application is made, the existing rent continues until the tribunal determines the new rent.
Important Deadlines
Important Warnings
You must apply to the tribunal before the proposed new rent date — after that date the new rent may be treated as having been accepted.
The tribunal sets a market rent — which could theoretically be higher than the amount your landlord proposed, so only apply if you have good evidence the proposed rent is above market.
A landlord cannot increase rent during a fixed-term tenancy without an express contractual rent review clause — if your fixed term has not expired, the s.13 notice is not needed and any increase is invalid.