From 1st May 2026, landlords in England can no longer rely on contractual rent review clauses to increase rent. The Renters’ Rights Act 2025 has rendered these clauses void, making the statutory Section 13 process the sole legal method for rent increases on private residential tenancies.
Contractual Rent Review Clauses Are Now Void
Many landlords have long depended on tenancy agreements that include clauses allowing rent increases every twelve months. However, the Renters’ Rights Act 2025 has unequivocally ended this practice. Section 7 of the Act removes the legal basis for any contractual term that attempts to increase rent outside the statutory Section 13 process. As a result, from 1st May 2026, any rent review clause in a tenancy agreement is treated as if it never existed.
This change applies universally, with no exceptions or grandfathering. Even rent increases agreed before 1st May 2026 but scheduled to take effect after that date are invalid. Landlords must now use the statutory process exclusively to lawfully raise rent.
The Statutory Section 13 Process Explained
Section 13 of the Housing Act 1988 has always provided a mechanism for rent increases on periodic tenancies, but it was previously an alternative to contractual clauses. The Renters’ Rights Act 2025 has made Section 13 the only lawful route.
To increase rent, landlords must serve a written notice on the tenant using the prescribed government Form 4A. This notice must specify the current rent, the proposed new rent, and the date the increase will take effect. Crucially, the tenant must receive the notice at least two months before the proposed increase date, which must be the first day of a rental period—not mid-month or any other date.
Failure to comply with these requirements renders the notice defective and unenforceable. The tenant is then entitled to continue paying the existing rent, and the landlord cannot claim arrears on the difference.
Important Restrictions and Timing Rules
Landlords should be aware of a strict twelve-month rule for new tenancies created on or after 1st May 2026. Rent cannot be increased at all during the first year of such tenancies, regardless of the notice served. This means landlords must carefully set the initial rent, as early adjustments are no longer permitted.
This protected period does not apply to existing tenancies that converted to periodic tenancies on 1st May 2026, which can have rent increased immediately through Section 13, subject to the annual frequency limit.
Rent increases are limited to once every twelve months, counted from the date the last increase took effect—not from the date the notice was served. Landlords serving notice well in advance of the increase date may inadvertently delay their next opportunity to raise rent.
Serving Form 4A Correctly
Form 4A is the only valid notice for rent increases under Section 13 and must be downloaded fresh from the government website before each use. It cannot be replicated or substituted by a letter or other document, regardless of content quality.
Valid methods of service include personal delivery, post, or email—but only if the tenancy agreement explicitly permits email service of notices. Landlords must retain evidence of service, such as a certificate of posting, tracked delivery confirmation, or email read receipt, to defend against any tenant claims of non-receipt.
Messaging apps like WhatsApp or text messages do not constitute valid service and should be avoided.
Tenant Challenges and Tribunal Process
If a tenant believes the proposed rent increase exceeds the current market rate, they can apply to the First-tier Tribunal before the increase takes effect. The Tribunal assesses market rent based on comparable local lettings and cannot set a rent higher than the landlord’s proposed figure—offering landlords protection against excessive increases.
The Tribunal’s decision takes effect from the date of determination, with no backdating to the notice date. Most tenants do not challenge increases if they are reasonable and in line with local market rents.
Common Mistakes Landlords Are Making
Since 1st May 2026, several errors have become prevalent among landlords:
- Continuing to send rent review letters citing tenancy agreements, which are now legally ineffective.
- Assuming pre-May 1st agreed increases under contractual clauses remain valid, when they do not.
- Calculating notice periods from the date of form completion rather than actual service date.
- Choosing rent increase start dates that do not align with the first day of a rental period.
- Using outdated versions of Form 4A downloaded before the Act came into force.
- Serving notices within the first twelve months of a new tenancy, which are invalid.
- Attempting to serve Form 4A via WhatsApp or text message, which is not legally valid.
Any of these mistakes results in an unenforceable rent increase, leaving landlords unable to recover the difference.
What this means for landlords
The shift to statutory rent increases under the Renters’ Rights Act 2025 is part of a broader move towards stricter compliance and legal scrutiny. Landlords must now ensure their paperwork is impeccable, with all certificates up to date and deposits properly protected, as courts will closely examine compliance when considering possession claims under the new Section 8 regime.
Maintaining a clean compliance record has become a critical legal asset rather than merely good practice. Landlords who adapt promptly to these changes will be best placed to manage their tenancies effectively under the new rules.
Source: Based on reporting from Property118
TLA Training Academy
The Landlord Association has launched its new Training Academy for UK landlords, providing structured guidance, compliance education, and practical knowledge to support landlords at every stage. Members can now complete the programme and become TLA Certified Landlords at no additional cost as part of their membership.
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TLA update
The Landlord Association is currently onboarding new service providers into its Trusted Partner Hub, a new initiative designed to support landlords, tenants, letting agents, and property managers with vetted, high-quality services. As one of the fastest growing landlord associations in the UK, TLA offers partners direct access to an engaged and active member base at the point of need. Service providers across legal, maintenance, insurance, finance, mortgages, tenant screening, and property services can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/
Source: www.property118.com
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