Under the Renters’ Rights Act 2025, rent increases on assured periodic tenancies in England are only permitted via a formal Section 13 notice, once per 12 months, with at least 2 months’ notice. Any rent-review clause that previously sat in your tenancy agreement is now unenforceable.
But Section 13 isn’t the whole story. The tenant has a clean, low-friction right to challenge the increase at the First-tier Tribunal (Property Chamber — Residential Property) before the notice takes effect. With no tenant fee to apply and the RRA’s new rule that the Tribunal cannot set a rent higher than the landlord’s proposal, landlords face one-way downside risk on every Section 13 notice they serve.
This is the complete 2026 guide for landlords: how to set a defensible rent, how the Tribunal process works end-to-end, what evidence wins, and how to minimise the chance of a tenant referral in the first place.
Disclaimer: this is editorial guidance. Complex or high-value rent-tribunal cases warrant a chartered surveyor’s valuation report and legal representation.
The 2026 legal landscape
Section 13: the only rent-increase route
Under the Housing Act 1988 s.13, a landlord of an assured (or, post-RRA, assured) periodic tenancy in England must use Form 4A (the prescribed Section 13(2) notice) to propose a rent increase. Key requirements:
What the Renters’ Rights Act 2025 changed
Three material changes:
What this means commercially
Because the Tribunal can only reduce or confirm the proposed rent, a tenant has no downside from applying. Expect a much higher volume of tenant referrals through 2026 and beyond — first-tier Tribunal workload for rent cases is forecast to rise materially.
You can no longer set an optimistic headline rent and settle for the middle: you need to pitch the increase at a defensible market rent from the start.
How the tenant’s referral works
Tenant’s timeline to apply
The tenant must apply to the First-tier Tribunal before the new rent takes effect. They use Form Rents1 (UK property chamber form) and submit to the regional FTT office.
Fee: zero (this is a major driver of increased application volumes).
Acknowledgement and directions
Within 2–4 weeks the Tribunal issues:
Paper determination vs oral hearing
Most Section 13 cases are now decided on papers (no oral hearing). Either party can request an oral hearing if complex. Paper determination is typically faster (decision within 6–12 weeks of bundles lodged).
The Tribunal’s job
Under s.14 Housing Act 1988 (as amended), the Tribunal must determine the rent the property could reasonably command in the open market — the hypothetical open-market rent on a willing-landlord/willing-tenant basis, for the same property in its current condition, disregarding any effect on rent of the tenant’s improvements.
Post-RRA, the Tribunal cannot set a rent above the landlord’s proposed rent.
The decision
Written decision typically within 2–4 weeks of hearing or bundle lodgement. The decision:
What evidence wins a Section 13 case
1. Comparable evidence (the most important)
The Tribunal is a comparables-based body. Bring 3+ comparable current lettings of similar properties in the same area:
Comparables should match on: bedrooms, property type (flat/house/terrace/semi/detached), location (same postcode or within 0.5 miles for urban, 1–2 miles for rural), condition (standard / above / below), letting terms (furnished / unfurnished, pet policy).
2. Condition evidence
Photos of the property interior (every room), exterior, and any specific features (garden, parking, appliances). Dated photos from the last 30 days are ideal.
3. Certification evidence
Bring your current:
Well-certificated properties justify higher market rents. A Band A–C EPC is a meaningful data point for the Tribunal.
4. Improvements since the last review
If you’ve done capital improvements since the last rent review (new kitchen, new bathroom, double glazing, solar, etc.), bring invoices and before/after photos. The Tribunal can factor these into the market-rent assessment.
5. Professional valuation (optional but powerful)
A lettings valuation from a RICS chartered surveyor or a senior ARLA Propertymark letting agent (typical cost £150–£400) produces an independent market-rent opinion. This carries significant weight, especially in high-value or contested cases.
6. Your current-tenancy context
Bring the current tenancy agreement, rent history (a simple ledger showing rent paid each month), and any prior Section 13 notices. This demonstrates the "uplift story": where rent has been and what the gap is to current market.
What does NOT win a Section 13 case
The 7-step landlord playbook
Step 1: Set a defensible rent before you serve
Before drafting Form 4A, collect 5–7 comparable current lettings for your property. Pitch your new rent at around the median of those comparables — maybe 5% below the top to create a buffer for the Tribunal’s discretion. Think of this as pricing to avoid challenge rather than maximising nominal uplift.
Step 2: Use the current Form 4A
Download Form 4A — "Landlord’s notice proposing a new rent for an assured periodic tenancy" — from the current GOV.UK page. Outdated or superseded versions (including the old Form 4) void the notice.
Step 3: Serve the notice properly
Step 4: Document everything
Save: Form 4A copy, proof of service, the comparables you relied on to set the rent (so if challenged, your evidence is ready). LetCompliance’s Section 13 builder does this for you with a dated audit trail.
Step 5: Watch for the tenant application
Tenant referrals almost always land within the first 6 weeks after service. Check for any First-tier Tribunal correspondence — by post or your nominated email.
Step 6: Respond to Tribunal directions
When directions arrive, follow deadlines precisely. Prepare your evidence bundle including: updated comparables pack, condition photos, certificates, improvement invoices, optional professional valuation.
Step 7: Implement the outcome
Minimising future referrals
Rent-review economics under RRA
Because you can only increase rent once per 12 months and the Tribunal can only reduce your proposed figure, the traditional "annual 5% uplift" mentality is suboptimal. A smart 2026 rent-review strategy:
Track market rent quarterly
Don’t rely on a single comparables check at rent-review time. Track asking rents in your area every quarter using Rightmove/Zoopla filters. You’ll spot market shifts in time to calibrate your next notice.
Communicate with the tenant before you serve
A phone call or letter 3–4 weeks before Form 4A explaining the proposed increase and your reasons reduces the chance of a reflexive Tribunal application. Cooperative tenants who understand the market context are less likely to challenge.
Keep improvements documented
Every time you upgrade the property, log the work with invoice and photos in your document vault. At next rent review, you’ll have ready evidence to justify an uplift.
FAQs
How likely is a Section 13 challenge in 2026?
There is no reliable post-RRA data yet, the regime only began on 1 May 2026, so anyone quoting a hard percentage is guessing. What is certain is that the incentives now push challenges up: referral to the First-tier Tribunal is free for the tenant, and the Tribunal cannot set a rent higher than you proposed, so a tenant has everything to gain and nothing to lose by referring. Landlords who pitch well above market are the most exposed. Price to open-market evidence and keep comparables on file.
Can I withdraw a Section 13 notice to avoid the Tribunal?
You can withdraw by serving a written withdrawal before the effective date, but once the tenant has applied to the Tribunal you’ll need to co-operate with any directions. Withdrawal before referral is clean; after referral it gets messier.
Does a Tribunal rent decision bind future years?
No — the decision sets rent for this notice only. You can serve another Section 13 12 months later with a new proposed rent. The Tribunal’s earlier figure may be cited by the tenant in a second application, but it’s not formally binding on a fresh review.
Can I recover lost rent from the delay during the Tribunal process?
No. If the Tribunal confirms your proposed rent, the increase takes effect on the decision date — you cannot reclaim the period between your intended effective date and the Tribunal decision.
What if the tenant doesn’t pay the new rent after the decision?
Rent arrears arising from the new rent can support a Section 8 Ground 8 possession claim once arrears reach the statutory threshold. See our how to evict a tenant UK 2026 guide.
Related reading
Start your 14-day LetCompliance trial to build Section 13 notices with correct dates, automatic compliance prerequisite checks, and a ready comparables pack stored in your property record.
Section 21 → Section 8 Transition Map (2026)
Section 21 was abolished on 1 May 2026. Map every active S21 / Form 6A scenario onto a valid Section 8 ground with this 2-page transition guide.
- Pre-1 May 2026 Form 6A — still valid? Decision tree
- Map every S21 trigger to a Section 8 mandatory / discretionary ground
- Ground 8 (rent arrears) — 13-week threshold under RRA 2025
- Top 5 evidence packs courts now expect for possession
Frequently asked questions
What is a First-tier Tribunal rent challenge under Section 13?
Under the Housing Act 1988 s.13 (as amended by the Renters’ Rights Act 2025), a tenant who receives a Section 13 rent increase notice can apply to the First-tier Tribunal (Property Chamber) within the notice period (before the increase takes effect). The Tribunal decides the market rent the property could achieve on an open-market letting with a willing landlord and willing tenant. The Tribunal’s decision replaces the landlord’s proposed rent and is binding on both parties.
Can the Tribunal set the rent HIGHER than my Section 13 proposal?
No — this changed under the Renters’ Rights Act 2025. Previously the Tribunal could set any market figure including one above the landlord’s proposal. Under the RRA, the Tribunal cannot set a rent higher than the rent the landlord specified in the Section 13 notice. This is a major protection for tenants and a significant disincentive for aggressive rent increases — a landlord now has only downside risk from a Tribunal referral.
What evidence wins a Section 13 Tribunal case?
Three categories of evidence matter most: (1) comparable evidence — current market lettings of similar properties in the same area (Rightmove/Zoopla screenshots dated, agent confirmations, ideally 3+ comparables); (2) condition evidence — photos and certs showing the property’s current state; (3) improvements evidence — invoices for works done since the last rent review. A professional lettings valuation from an ARLA Propertymark agent (£100–£250) carries strong weight.
How long does a Section 13 Tribunal case take?
Typical timeline: 2–4 weeks from tenant application to case acknowledgement, 8–16 weeks to paper decision or hearing, 2–4 weeks for the written decision. Total 3–6 months from application to binding decision. Many cases are decided on papers without a hearing. Landlord should expect to spend 5–15 hours preparing evidence. No fee for tenant applications (major 2026 volume driver).