The History behind Section 13 and the New Rules

Since 1 May 2026, Section 13 (Form 4A) of the Housing Act 1988 (Amended) has become the only mechanism for increasing rent on an assured periodic tenancy in England. Rent review clauses, informal agreements, and the pressure of a tenancy renewal have all been swept away, and letting agents managing rent reviews now need a considerably more disciplined process than many were used to under the old fixed-term system. But the mechanism for increasing rent and the tenant’s right to challenge rent are not new.

The purpose behind legislation introduced over 100 years was to protect tenants from exploitation, and back door evictions. The first mechanism of this kind was introduced in 1915; the Increase of Rent and Mortgage Interest (War Restrictions) Act 1915 was as result of a rent strike which had taken place in Glasgow between 1914–15 as landlords sought to capitalise on the influx of people into Glasgow.. At its peak the rent strike involved as many as 20,000 people with its influence extending to other working-class communities across the UK.

Further legislation was introduced in 1965. The Rent Act 1965 (RA 1965) significantly changed private renting by introducing security of tenure, preventing unlawful evictions without a court order, and establishing a "fair rent" system administered by independent rent officers. One of the key elements sits in Part 1, Section 2 which states that:- ‘the rent payable under a regulated tenancy shall instead of being controlled, be regulated”. It’s important to note that the RA 1965 makes a distinction between ‘rent control’ and ‘regulating rents’, a distinction that needs to be explained to those asking for rent control to be implemented in England.

The private rented sector saw further changes with the introduction of the Rent Act 1977 where tenants were protected or statutory tenancies, and rents were once again registered as “fair rents”.

But it was the Housing Act 1988 (Amended) that became a landmark piece of legislation ‘deregulating’ the private rented sector by bringing an end to ‘fair rent controls’ and introducing a market based assessment of rent. "Fair rents" would only apply as a legacy system for older, protected tenancies that started before 1989.

So why was the HA 1988 so instrumental in changing the landscape of the Private Rented Sector?

The Act allowed landlords to set open market rents instead of sticking to limits that were imposed by the government. The introduction of these changes saw a market shift occurred encouraging investment (important to note Buy-to-Let followed in 1997) in property, allowed landlords to take control over how they obtained possession and bought some tenants’ rights to an end.

The History of the Section 13 Notice - Housing Act 1988 (Amended)

Section 13 of the HA 1988 (Amended) established a mechanism through which a landlord could increase the rent of an assured periodic tenancy while allowing tenant to challenge an excessive increase therefore preventing landlords from having unrestricted power to impose repeated rent increases after an assured tenancy had become periodic. However, it is important to note that during the fixed term tenancy could include an enforceable rent-review clause which allowed landlords to increase the rent annually at the point of renewal.

The Tribunal Reforms

Originally, a tenant challenging an increase under Section 13 would apply to a Rent Assessment Committee, in 2013 this function was transferred to the tribunal system. From 1st July 2013, applications relating Section 13 rent increases were determined by the First-tier Tribunal (FTT) Property Chamber.

The Renters’ Rights Act 2025

The mechanisms may have changed, but what we are witnessing through the Renters’ Rights Act 2025 takes us ‘back to the future’ - in essence the ability for landlords to increase rent but through a statutory mechanism and the right for tenants to challenge excessive or disproportionate increases.

Letting agents are implementing practical steps by building rent review systems into the tenancy process well in advance rather than relying on ad hoc process is important.

Preparing a clear, evidence-based rationale for a proposed increase with comparables to demonstrate market rent, communicate proactively and courteously with tenants about the reasoning behind the increase. Tenants are more inclined to challenge an increase where they feel it has been presented without explanation, even if the figure itself is not unreasonable.

How the process Works

A rent increase must be proposed using the correct prescribed form and must give the tenant no less than two months' notice before the new rent takes effect. No rent increase can take effect within the first twelve months of a tenancy, and increases are limited to one every twelve months, measured from the date the tenancy began or the date of the last increase.

Any existing rent review clause in a tenancy agreement became unenforceable from 1st May 2026, regardless of when the agreement itself was signed, and cannot be used as an alternative to the Section 13 process. The rent increase must be in line with Market Rent which means that landlords must carry out in-depth research on what their property compared to other similar properties in the same location are achieving. The focus must not be on what the landlord HOPES the rent might be or COULD be or is ADVERTISED. Landlords need to use resources that help them to demonstrate Market Rent - comparable evidence that they can present should to the tenant, and if necessary, to the First-tier Tribunal.

The Proof is in the Pudding

On the 5th August 2026, Helen Gregory (LandlordZone) reported :- In an early tribunal case under the new Section 13 regime following the Renters’ Rights Act, both the tenant and landlord - Get Living - provided comparable rents. The tenant’s came from advertised rents in similar properties from the same landlord, while the landlord’s were actual achieved rent on other similar flats within the same development and an adjoining one. The First Tier Property Tribunal judge ruled: “The tribunal has also taken into account the tenant’s advertised comparables but gives them less weight as they do not demonstrate rents that were ultimately achieved.”

Although this decision is not binding on other tribunals, David Smith, partner at Bishop & Sewell says it highlights that the FTT is - at least so far - preferring comparable evidence of achieved rents over that from advertised rents. 

“The FTT still preferred the landlord’s evidence, even though the tenant highlighted that there was no clear evidence that these properties were entirely comparable,” he adds. “Landlords who can provide good evidence of actual rents achieved will be in a strong position in the FTT. This is especially beneficial in flats and especially build-to-rent landlords who have a substantial number of very similar properties to show.”

Letting agents and landlords take note!