The Online Letting Agents · Renters’ Rights Act guidance

Section 13 Notice vs a New Tenancy Agreement: How Can Landlords Increase Rent?

What changed under the Renters’ Rights Act, why a replacement tenancy is not an alternative rent-increase method, and how to follow the correct process.

The short answer: use Section 13 and Form 4A

For a private Assured Periodic Tenancy (APT) in England, landlords must follow the statutory Section 13 rent-increase process using Form 4A. This applies even if the landlord and tenant have already agreed the proposed increase.

Signing a new tenancy agreement is not an alternative way to increase the rent for an existing assured periodic tenancy. A replacement agreement may be useful for updating other tenancy terms, but it does not remove the statutory rent-increase requirements.

What changed on 1st May 2026?

The Renters’ Rights Act 2025 changed how rent increases work for most private assured tenancies in England. Existing Assured Shorthold Tenancies (ASTs) generally became Assured Periodic Tenancies on 1st May 2026.

Under the new regime, landlords generally cannot increase the rent during the first year of a tenancy, cannot increase it more than once a year, and must give at least two months’ notice through the prescribed Section 13 procedure. Contractual rent-review clauses cannot be used to implement new increases under the current regime.

Important distinction: The rules described here concern rent increases for existing private assured periodic tenancies. The initial rent agreed when genuinely creating a new tenancy is a different question, and different tenancy types can have different rules.

Section 13 notice vs signing a new APT

Section 13 notice (Form 4A)

The required route for increasing rent during an existing APT.
At least two months’ notice is generally required.
Rent increases are normally limited to once per year.
The tenant can challenge an above-market proposal through the First-tier Tribunal.

Replacement tenancy agreement

Not a substitute for Form 4A when increasing rent under an existing APT.
May help clarify lawful tenancy terms if both parties agree.
The tenant cannot be forced to sign a replacement simply to update the paperwork.
May have other legal implications, including notice periods, so obtain advice where relevant.

How to increase rent correctly: four practical steps

Check when the rent can increase

Confirm the tenancy start date, the date the last increase took effect and whether any transitional provisions apply. An increase generally cannot take effect within the first year or less than a year after the previous increase.

Assess a reasonable market rent

Review comparable local properties and retain evidence supporting the proposed amount. Discussing the proposal with the tenant is sensible, but agreement alone does not replace the formal process.

Complete and serve Form 4A

Use the current prescribed Form 4A, set the proposed rent and lawful start date, and give at least two months’ notice. Serve it by a permitted method and keep evidence of service; email service depends on the tenancy agreement.

Prepare for any challenge

The tenant can ask the First-tier Tribunal to assess the proposed rent against open-market rent. Keep the valuation evidence and relevant communications. The Tribunal cannot set a rent above the amount proposed in the notice.

For a more detailed walkthrough: Read TOLA’s step-by-step rent increase guide.

What if the tenant agrees to a higher rent?

You should still serve Form 4A and follow the statutory process. GOV.UK expressly confirms that landlords must use Section 13 even when the increase has already been agreed with the tenant.

A friendly discussion and written confirmation of the proposed amount can help avoid misunderstandings, but neither replaces the prescribed notice.

What about rent increases arranged before 1st May 2026?

There are important transitional rules. A valid Form 4 served before 1st May 2026 can still take effect on its stated date, even if that date falls after the reforms commenced, subject to the applicable rules and any tribunal challenge.

However, where an increase under a contractual rent-review clause was agreed before 1st May 2026 but was due to take effect afterwards, GOV.UK states that increase will not apply. If a rent increase already took effect before the reforms, the next increase must still respect the annual restriction.

Example: If the last rent increase took effect on 1st February 2026, the next increase generally cannot take effect before 1st February 2027.

Does a new tenancy agreement offer other advantages?

It can sometimes be helpful to agree a fresh, compliant written agreement to clarify responsibilities or replace outdated terms. However, an existing written AST does not generally need replacing simply because the Renters’ Rights Act came into force.

Read our separate guide: Should landlords issue a new Assured Periodic Tenancy?

Frequently asked questions

Can I increase the rent by asking my tenant to sign a new APT?

For an existing assured periodic tenancy, signing a replacement agreement is not a way to bypass Section 13. Use Form 4A and comply with the statutory timing rules.

Do I still need Form 4A if the tenant agrees?

Yes. GOV.UK says the Section 13 procedure must be followed even where landlord and tenant have agreed the increase.

How much notice must I give?

Generally at least two months, using the prescribed Form 4A and the correct effective date.

Can the tenant challenge the increase?

Yes. A tenant can apply to the First-tier Tribunal if they believe the proposed rent exceeds the open-market rent, subject to the statutory application rules.

Need a helping hand?

Unsure whether you can increase the rent, or how to serve the correct notice? The Online Letting Agents can help landlords navigate the current rules.

Contact TOLA →03300 883973Email our team

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Official sources and further reading

Important: This article provides general guidance for private assured periodic tenancies in England, not legal advice. Different tenancy types and transitional circumstances can require a different approach. Check the current form and legislation before serving notice.