Can Section 13 Result in a Rent Increase?

Can Section 13 Result in a Rent Increase?

Section 13

Renting property in the UK comes with a mix of responsibilities and rights for both landlords and tenants. One topic that often causes confusion—and sometimes friction—is the subject of rent increases. One of the most commonly used legal tools for this in England and Wales is Section 13 of the Housing Act 1988.

 

But what exactly is Section 13? Can it really be used to increase a tenant’s rent legally? And what rights do landlords and tenants have in this process?

 

In this comprehensive guide, we’ll break down how section 13 rent increase works, when it can be applied, the legal implications for landlords and tenants, and how expert advice from eviction specialists or services like First 4 Landlord Advice can ensure that you remain on the right side of the law.

What is Section 13?

Section 13 of the Housing Act 1988 gives landlords the right to propose a rent increase for a periodic tenancy—one that continues on a rolling basis (typically month-to-month) after a fixed term has ended.

 

This mechanism can only be used once per year and only after the fixed term has concluded. A landlord must serve a specific type of written document called a Section 13 Notice, officially titled “Form 4: Notice of a Proposed Rent Increase.” This form must be properly completed and delivered to the tenant in accordance with legal timelines.

How Does a Section 13 Rent Increase Work?

To initiate a Section 13 rent increase, the landlord must:

 

  1. Use the correct section 13 notice form (Form 4).
  2. Provide the tenant with at least one month’s notice (if rent is paid monthly).
  3. Propose a new rent amount and the date when the increase will take effect.
  4. Ensure the new rent is “fair and reasonable” in line with local market rates.

Importantly, tenants have the right to challenge the proposed increase if they believe it is excessive. They can apply to a First-tier Tribunal for a review, but they must do this before the new rent takes effect.

When Can a Landlord Use Section 13?

Landlords can only use Section 13 for periodic assured or assured shorthold tenancies. This excludes fixed-term tenancies, during which the rent cannot be changed unless agreed in the contract or via mutual agreement between landlord and tenant.

 

Here’s when Section 13 can be used:

 

  • After the fixed term has expired and the tenancy becomes periodic.
  • No more than once every 12 months.
  • When the tenancy agreement does not include a rent review clause.

If the tenancy agreement already contains a rent review clause, Section 13 may not be necessary or even valid in that context.

Common Pitfalls for Landlords

While section 13 seems straightforward, many landlords make critical errors that can lead to disputes or legal consequences. Here are common mistakes:

 

  1. Not Using the Correct Form: Using anything other than the official Section 13 notice (Form 4) makes the rent increase invalid. Landlords should ensure they use the most recent government-issued version.
  2. Failing to Give Adequate Notice: Rent increases must comply with notice periods. For monthly tenancies, at least one month’s notice is required. For yearly tenancies, six months may be needed.
  3. Setting an Unreasonable Rent: If the proposed rent is significantly higher than similar properties in the area, tenants may contest it, and a Tribunal may reduce or reject the increase.
  4. Applying Section 13 During Fixed-Term Tenancies: As mentioned, Section 13 rent increases only apply to periodic tenancies. Applying it during a fixed term is invalid and can damage trust or trigger disputes.

What Can Tenants Do If They Receive a Section 13 Notice?

Receiving a Section 13 notice can be unsettling, especially if the rent increase seems steep. Tenants have several options:

Review the Notice

Check that the notice is correctly filled out, includes all required information, and provides proper notice.

Negotiate With the Landlord

Some landlords are open to discussions, particularly if the increase might lead to a good tenant moving out. It’s worth initiating a polite, fact-based conversation.

Apply to a First-tier Tribunal

If negotiations fail, tenants can apply to the First-tier Tribunal (Property Chamber) to challenge the proposed rent. The Tribunal will assess whether the rent is fair based on local market comparisons.

The Role of Eviction Specialists

In more complex situations—especially where rent arrears, disputes, or multiple tenants are involved—landlords may find it helpful to work with tenant eviction specialists or consult services like First 4 Landlord Advice.

 

These professionals can help landlords:

 

  • Serve Section 13 notices correctly.
  • Ensure rent increases comply with legal standards.
  • Handle tenant disputes with legal backing.
  • Navigate eviction processes if necessary.

Engaging an eviction specialist UK ensures the landlord stays compliant while protecting their investment.

Can Section 13 Lead to Eviction?

Technically, Section 13 itself does not result in eviction. However, if a tenant refuses to pay the newly proposed rent after the notice period, the landlord could potentially begin the process of evicting a tenant—especially if rent arrears start to accumulate.

 

Here’s how it might escalate:

 

  1. Tenant refuses the new rent and doesn’t apply to the Tribunal.
  2. Landlord considers this a breach of agreement or non-payment.
  3. Landlord serves a Section 8 notice for rent arrears.
  4. Eviction proceedings begin.

In these cases, eviction specialists become crucial in guiding landlords through the correct legal channels.

How Section 13 Fits Into the Bigger Picture

While Section 13 is a useful legal tool for adjusting rent to reflect market values, it must be used responsibly. It is not a way to pressure tenants or to prepare them for eviction. Rather, it should be viewed as part of a wider tenancy management strategy.

 

With rising costs of property maintenance and inflation, landlords are increasingly turning to Section 13 rent increases to maintain profitability. However, this must be balanced against tenant retention, legal compliance, and ethical considerations.

 

Tenants, too, should see Section 13 not as a threat, but as a process that has built-in checks and safeguards—particularly the right to appeal.

When to Use First 4 Landlord Advice

Not all landlords have the time or legal knowledge to handle notices, disputes, or Tribunals. First 4 Landlord Advice offers tailored guidance to ensure landlords make informed decisions every step of the way.

 

Here’s when their help is particularly useful:

 

  • You’ve never issued a Section 13 notice before.
  • You’re dealing with a challenging tenant.
  • You’re considering both a rent increase and potential eviction.
  • You want to avoid legal pitfalls.

Their experienced team can often prevent mistakes that lead to lost time, money, or reputation.

Final Thoughts: Balancing Fairness and Strategy

So, can Section 13 result in a rent increase? Absolutely—but only if it’s executed correctly. It’s a legal route for adjusting rent in periodic tenancies, offering structure and protection for both landlords and tenants.

 

Still, it’s not without its complexities. Incorrect forms, unreasonable increases, or misjudged timing can invalidate the notice or cause costly disputes. On the other hand, a well-managed Section 13 rent increase can ensure your rental income reflects the property’s true market value without jeopardizing tenant relationships.

 

Landlords must weigh short-term financial goals against long-term stability, and tenants should understand their rights to negotiate or challenge a rent hike.

 

If you’re a landlord considering a Section 13 rent increase or dealing with tenant disputes, reach out to First 4 Landlord Advice or our trusted eviction specialists for step-by-step guidance. Evicting a tenant or adjusting rent doesn’t have to be stressful when you have the right experts on your side.

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