When Section 13 applies
Section 13 is the statutory route for increasing rent during a periodic assured tenancy. It applies when the tenancy agreement does not contain a valid rent-review clause, or when the landlord chooses not to rely on one.
Because all new assured tenancies in England are now periodic from the outset, most landlords will use Section 13 when they want to raise the rent. The tenant cannot be forced to sign a new agreement at a higher rent; the increase must follow the statutory procedure.
The once-a-year limit
You can only use Section 13 once in any twelve-month period. That limit applies to the tenancy, not to the property, so if the same tenant stays on, you cannot serve a second notice simply because a calendar year has passed.
If you serve a notice and then withdraw it, you may still be barred from serving another until twelve months have elapsed. Plan the increase carefully rather than serving a notice speculatively.
Use the prescribed form
The notice must be in the prescribed form. For assured periodic tenancies this is commonly Form 4, and for assured shorthold periodic tenancies it is Form 4A. The form sets out the proposed new rent, the date it will take effect, and the tenant's right to refer the increase to the First-tier Tribunal.
Do not draft your own letter and call it a Section 13 notice. A notice that does not match the prescribed wording or that omits the tribunal reference is likely to be invalid.
Timing and effective date
For a monthly tenancy, the notice must give at least one month and must expire on the first or last day of a tenancy period. The proposed increase cannot take effect earlier than the minimum notice period allows.
For weekly or fortnightly tenancies, the notice period is different. Check the form instructions carefully, because the effective date must align with a complete period of the tenancy.
How to serve the notice
Service must comply with the tenancy agreement or, if the agreement is silent, with Section 196 of the Law of Property Act 1925. Common valid methods include hand delivery, first-class post, and email if the tenancy agreement expressly allows electronic service.
Keep a record of what was sent, when, and how. If the tenant later disputes receiving the notice, the landlord has the burden of proving service. A timestamped message or delivery confirmation is far better than a verbal claim.
- Use the correct prescribed form for the tenancy type.
- Allow the full statutory notice period.
- Set the effective date on a tenancy period boundary.
- Keep proof of service and a copy of the signed or dated notice.
If the tenant challenges the increase
The tenant can refer the proposed rent to the First-tier Tribunal before the increase takes effect. The tribunal will decide whether the proposed rent is higher than the market rent for the property, assuming the same terms.
If the tribunal sets a lower rent, that rent takes effect from the date proposed in the notice. You cannot then serve another Section 13 notice for twelve months. This is another reason to propose a realistic, evidence-based figure.
Record keeping on Signlet
Signlet stores the tenancy agreement, rent record, and the full message history in one place. When you serve a Section 13 notice, upload a copy and confirm service through the documented communications channel. If the increase is ever challenged, the record is already assembled.
Keep reading
General information about renting in England and Wales. Signlet is not a law firm — check your own circumstances before relying on any of it.