Rent review

A rent review is the formal process by which a landlord assesses whether the rent on a tenancy reflects the current open market and, where it does not, proposes an increase through the appropriate legal mechanism. Under Section 13 of the Housing Act 1988, as amended by the Renters' Rights Act 2025, the only lawful method for increasing rent on a private assured periodic tenancy in England from 1 May 2026 is the Section 13 notice process using Form 4A, issued at least two months before the proposed increase date and no more than once in any twelve-month period. Contractual rent review clauses in tenancy agreements became void on 1 May 2026 and cannot be relied upon to increase rent, regardless of when they were agreed.

Rent review clauses: what changed on 1 May 2026

Before the Renters' Rights Act 2025 came into force, many fixed-term tenancy agreements contained a rent review clause specifying when and how rent could rise, for example, annually in line with RPI or by a fixed percentage. These clauses allowed landlords to increase rent during a fixed term without tenant consent, provided the clause was clearly worded and the tenancy agreement permitted it. From 1 May 2026, all such clauses are unenforceable. As confirmed by the Ministry of Housing, Communities and Local Government's official guidance on rent increases, any rent increase that was agreed before 1 May 2026 under a rent review clause but which was due to take effect after that date is also not permitted. All future increases must follow the statutory Section 13 procedure.

From working with self-managing landlords across the UK, the most common confusion we see is landlords attempting to apply a rent review clause from an older tenancy agreement that converted to a periodic tenancy on 1 May 2026. That clause is void. The Section 13 route is not optional, it is the only route.

How to carry out a rent review: the Section 13 process

To increase rent from 1 May 2026, a landlord must serve Form 4A (Landlord's notice proposing a new rent) on the tenant using the prescribed form available on GOV.UK. Notice must be given at least two months before the proposed start date of the new rent. The increase can only take effect at the beginning of a new tenancy period, and must not begin earlier than twelve months after the date of the last increase. Landlords who use August to track rent payments receive automatic reminders when the Section 13 notice window opens, reducing the risk of missing the annual increase date.

The proposed new rent must reflect the open market rate, the amount a landlord could expect from a new tenant for the same property under the same terms. An increase that is clearly above market rate risks challenge at tribunal, and if challenged the tribunal can only hold or reduce the rent, never raise it above the landlord's proposed figure.

The rent increase calculator calculates the minimum notice date and new annual rent figure automatically.

Tenant challenges and the First-tier Tribunal

If a tenant believes the proposed increase exceeds the open market rate, they can apply to the First-tier Tribunal (Property Chamber), which will determine the rent at, below, or at the same level as proposed, but cannot increase it beyond the landlord's figure. The application costs £47 and must be made before the date the new rent is due to start. Under the Renters' Rights Act, crucially, any tribunal-determined rent cannot take effect until the next payment date after the tribunal's decision, which means an appeal delays the new rent regardless of outcome. This asymmetry gives tenants a reason to challenge even modest increases, and landlords should therefore prepare market evidence before serving notice rather than after a challenge has been lodged.

Residential versus commercial rent reviews

For private residential tenancies in England governed by the Housing Act 1988, the Section 13 process is the sole mechanism as described above. Commercial leases operate under entirely different rules: rent reviews are typically written into the lease at three- to five-year intervals and assessed against the open market rent on the review date, sometimes using an RPI-linked or fixed uplift, or the open market value. Commercial reviews are often resolved by a chartered surveyor acting as independent expert or arbitrator, and disputes can proceed through the courts. The abolition of rent review clauses discussed above applies only to private residential tenancies in England; commercial landlords are unaffected.

Statutory context

Rent reviews in the private rented sector in England are governed primarily by Section 13 of the Housing Act 1988, as amended by Section 7 of the Renters' Rights Act 2025. The prescribed form for serving notice (Form 4A) is set out in regulations made under the Act. In Scotland and Wales, different rules apply: Wales uses Form RHW12 for rent variation; Scotland has its own notice of rent increase procedure. The Renters' Rights Act applies to England only.

From working with self-managing landlords through the Renters' Rights Act transition, we know that the most common notice errors are using the old Form 4 instead of Form 4A, stating a start date that does not align with the beginning of a tenancy period, and failing to allow the full two calendar months between service and the proposed start date. Any of these errors invalidates the notice entirely and requires the process to restart. For a step-by-step guide to timing, evidence, and serving notice correctly, see the August guide to increasing tenants' rent.

All private residential tenancies in England became assured periodic tenancies on 1 May 2026, which means the Section 13 process applies to every tenancy regardless of whether it was originally a fixed-term AST.

Frequently asked questions

Can I still use a rent review clause in my tenancy agreement?

No. From 1 May 2026, contractual rent review clauses in private residential tenancies in England are void and unenforceable. Rent can only be increased using the statutory Section 13 notice process, once per year, on Form 4A, with at least two months' notice.

What is the difference between a Section 13 notice and a rent review clause?

A rent review clause was a contractual term within the tenancy agreement specifying when and how rent could change. The Section 13 process is a statutory mechanism under the Housing Act 1988 that requires the landlord to serve a prescribed form giving formal notice of the proposed increase. From 1 May 2026, the clause route is abolished and Section 13 is mandatory for all residential rent increases in England.

How long does a tenant have to challenge a rent increase?

A tenant must apply to the First-tier Tribunal (Property Chamber) before the date the new rent is due to start. Once the start date has passed without an application, the tenant is generally bound by the new rent. The application costs £47.

Does the Section 13 process apply to commercial property?

No. Section 13 of the Housing Act 1988 applies only to assured and assured periodic tenancies, which are residential. Commercial rent reviews are governed by the terms of the individual lease and are not affected by the Renters' Rights Act 2025.