What is a Section 13 notice? A guide for landlords

Over half (53 per cent) of landlords increased their rent between 2023 and 2024, according to Simply Business research. And with the Renters’ Rights Bill set to change the way landlords can increase rent, understanding Section 13 notices will be more important than ever.

Follow our guide to understand how Section 13 can currently be used, plus how it will change when the Renters’ Rights Bill becomes law.

What is Section 13?

A Section 13 notice is usually served if the landlord has spoken to the tenant about increasing the rent but they can’t reach an agreement. If the tenant accepts the Section 13 notice, they’ll start paying the new rent from their next payment day.

Section 13 is part of the Housing Act 1988. It’s a formal process that requires the landlord to fill out a specific form and serve it to the tenant.

Landlords can only serve a Section 13 notice once a year.

What is the most a landlord can increase rent in the UK?

There’s no limit on how much landlords can increase their tenant’s rent. However, the government says it must be:

fair and reasonable
in line with average local rates

What is a fair rent increase?

What counts as a fair rent increase is likely to depend on how much your tenant currently pays. Simply Business’s Landlord Report found that almost half (47 per cent) of landlords who increased their rent between 2023 and 2024, raised it by between one and 10 per cent.

And less than one in 10 (nine per cent) increased their rent by over 10 per cent.

Renters’ Rights Bill: changes to rent increases on the way

Once the Renters’ Rights Bill becomes law, there’ll be significant changes to how landlords can increase tenants’ rent.

Firstly, you’ll no longer be able to increase rent through a rent review clause in the tenancy agreement. A Section 13 notice will be the only way and a two-month notice period will be required.

And under the new regulations, you’ll only be able to increase your rent once a year and the increase must be inline with market rates.

Tenants will be able to challenge rent increases if they think they’re unreasonable or exceed the market rate.

How to serve a Section 13 notice

To serve your tenant with a Section 13 notice, you’ll need to fill out a ‘Tenancy form 4’, which you can download from the government website.

The form requires you to fill in:

the existing rent
the new rent
the starting date for the new rent

It also includes guidance notes for landlords on how to complete the form and guidance notes for tenants on what they must do after being served with the form.

Once you’ve completed the form, you deliver it to the tenant by post, in person, or by email.

Increasing the rent is a sensitive issue, so make sure you seek professional advice if you’re unsure of anything.

It’s important to remember this process is likely to change once the Renters’ Rights Bill becomes law.

What is a Section 13 notice period?

The minimum notice period for tenants who pay rent monthly or more frequently (weekly or fortnightly) is one month.

If your tenants pay their rent annually, then the minimum notice period for serving a Section 13 notice is six months.

When the Renters’ Rights Bill becomes law, the minimum notice period for serving a Section 13 notice will increase to two months.

Section 13 can only be used for periodic tenancies

A Section 13 notice can only be served if the tenant is on a periodic tenancy (a tenancy without a fixed end date).

On top of this, you can only use a Section 13 notice after the first year of the periodic tenancy.

Tenancy types at a glance

assured shorthold tenancy – a tenancy agreement with an initial fixed term of six or 12 months
periodic tenancy – a monthly rolling contract with no fixed end date (also known as statutory periodic tenancy)
non-assured shorthold tenancy – a tenancy that doesn’t require a deposit or official notice to end the tenancy (usually used for lodging agreements or when the rent is very low)
assured tenancy – an older type of tenancy agreement that gives tenants long-term rights (usually used by housing associations)
regulated tenancy – a long-term tenancy commonly used before 1989

It’s important to note that the Renters’ Rights Bill pledges to scrap assured shorthold tenancies and make all tenancies periodic. As a result, using a Section 13 notice will be the only way for landlords to increase a tenant’s rent.

How to approach raising your tenants’ rent

For many landlords, rising costs have meant they’ve had no option but to increase their rent. However, it’s important to remember that tenants’ costs are also increasing.

Raising your tenants’ rent is a sensitive issue and should only be done when necessary. It’s important to follow the Section 13 process as this protects both you and your tenant. But you should balance the impact on your tenant against the benefit of the rent increase.

Increasing your rent can easily lead to your tenant falling into rent arrears or potentially looking for somewhere else to live. Both scenarios can be complicated for you and your tenant and you should do what you can to avoid them.

Be open to negotiating with your tenant about a potential rent increase. Explain why you’re looking to increase the rent, and see what a realistic amount is for them. Hopefully you’ll arrive at something that works for both parties.

Common mistakes when completing a Section 13 form

For a Section 13 notice to be valid, it must be filled out correctly. Here are some of the things it’s easy to get wrong:

tenants’ names and property details
the date when the new rent is due to be paid from
the value of the old rent and the value of the proposed new rent
the notice period

How can a tenant accept a Section 13 rent increase?

The tenant can respond to the Section 13 notice to accept the rent increase. Equally, if the tenant doesn’t respond to the notice, then it’s assumed they accept the increase and will be required to pay the new rent.

If the tenant doesn’t accept the proposed increase, they can speak to their landlord to come to an agreement.

Alternatively, if they don’t want to speak to the landlord, they can refer the proposed increase to a First-tier Property Tribunal, which will assess the case and set a new rent for the property.

The tribunal may set a rent that is higher, lower, or the same as the proposed new rent. This is because it will be based on what rent the landlord could expect to charge for the property if they rented it out to new tenants on the same terms.

Section 13 – landlord compliance checklist

Download a Tenancy 4 form from the government website
Fill out the form with the existing rent, proposed new rent, and proposed start date for the new rent
Deliver the form to the tenant (by post, email, or in person)
Wait for the tenant to respond to the Section 13 notice
If the tenant doesn’t accept the proposed rent increase, you can negotiate with them to come to an agreement
If you can’t come to an agreement, the rent increase can be referred to a First-tier Property Tribunal, which will set a new rent for the property

Remember, the Section 13 process will change once the measures in the Renters’ Rights Bill are introduced. As a result, it’s important for landlords to keep up to date with the dates and details when they’re released by the government.

What are the other ways for landlords to increase the rent?

If a landlord wants to increase the rent, the first port of call is usually to come to a mutual agreement with the tenant.

To do this, you’ll need to contact the tenant about the proposed increase and if they agree, send them a written agreement. This will need to include the value of the new rent and the date from which it will need to be paid.

For the new rent to become effective, both the landlord and the tenant will need to date and sign the agreement. It’s important that you keep a record of the signed agreement.

A rent review clause is another way to increase the rent in your property, but it’s only valid during fixed-term tenancies.

This clause, included in the tenancy agreement, should give details of:

by how much the rent could increase
the notice period required before a rent increase
when during the fixed-term the review will take place

Once a tenancy moves from fixed-term to periodic, the rent review clause will no longer be valid and the landlord will need to increase the rent by mutual agreement or Section 13 notice.

After the Renters’ Rights Bill becomes law, landlords will no longer be able to use rent review clauses.

Section 13 FAQs