Your landlord has increased your rent too much - is it legal?
Direct answer
A rent increase is not automatically legal just because the landlord asks for it. For most assured periodic tenancies in England, the landlord must use the section 13 process on the prescribed form for the date served (Form 4A on or after 1 May 2026, Form 4 before that date), give the right notice, and leave at least 52 weeks (53 in some cases) since the last increase took effect (12 months for a pre-1 May 2026 notice). If the amount is above market rent, you can challenge it at the First-tier Tribunal before the effective date - it can never set the rent above the figure the landlord proposed. Keep paying the existing lawful rent while you check the notice, unless an adviser tells you otherwise.
What the law says
Section 13 of the Housing Act 1988 lets the landlord propose a new rent for an assured periodic tenancy by serving a prescribed notice. The prescribed form depends on the date served: Form 4A under the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations, for a notice served on or after 1 May 2026, or Form 4 under the 2015 regulations for a notice served before that date (Form 4 remains valid for those earlier notices). The notice must state the proposed rent and the date it starts, and it must give the correct notice period for the date served (2 months on or after 1 May 2026; one month, or longer for quarterly/annual periods, before that date).
You can refer the proposed rent to the First-tier Tribunal (Property Chamber) before the new rent is due to start - under section 14ZB of the Housing Act 1988 for a notice served on or after 1 May 2026, or section 14 for an earlier notice. The tribunal assesses the open-market rent for the property but can never set the rent above the figure the landlord proposed. Under the Renters' Rights Act 2025 reforms, for a notice served on or after 1 May 2026, rent increases are limited to at least 52 weeks (53 in some cases) since the last increase took effect for assured periodic tenancies; earlier notices used a 12-month gap instead.
Step-by-step: what to do
1. Check whether you received the correct prescribed form for the date the notice was served. A text, email, or informal letter is not enough for the section 13 process.
2. Check the effective date and notice period. A notice served on or after 1 May 2026 needs at least 2 months' notice; an earlier notice needed at least one month for monthly rent.
3. Check whether there has already been a lawful rent increase within the last 52 weeks (53 in some cases) for a post-1 May 2026 notice, or 12 months for an earlier one.
4. Gather market evidence: similar local properties, size, condition, location, and included bills.
5. If the increase is above market rent, apply to the First-tier Tribunal before the effective date using the tribunal's rent challenge process.
Common mistakes to avoid
Do not ignore the deadline. A tribunal challenge must be made before the increase takes effect. Do not compare only headline rents; compare property size, condition, location, furniture, energy costs, and included services. Do not agree to the new rent in writing if you want to challenge it. Do not stop paying all rent: pay the existing lawful rent while you dispute the proposed increase.
- Check for the correct prescribed form for the date served.
- Apply to tribunal before the effective date.
- Use comparable market evidence.
- Do not accidentally agree the increase by paying it without reservation.
Related guidance
- Rent increase checker
Check notice form, timing, frequency, and tribunal options. - Rent increase rules
Section 13, prescribed forms, notice periods, and market rent. - Challenge a rent increase at tribunal
How to prepare and submit the tribunal challenge. - Market rent evidence
What evidence helps at the First-tier Tribunal.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK: assured periodic tenancy rent increases
Current government guidance for tenants on Form 4A, section 13 rent increases, and First-tier Tribunal challenges. - GOV.UK open market rent determination guidance
HMCTS guidance for tenants asking the First-tier Tribunal to decide open market rent after a rent increase.
Common questions
- Your landlord has increased your rent too much - is it legal?
- A rent increase is not automatically legal just because the landlord asks for it. For most assured periodic tenancies in England, the landlord must use the section 13 process on the prescribed form for the date served (Form 4A on or after 1 May 2026, Form 4 before that date), give the right notice, and leave at least 52 weeks (53 in some cases) since the last increase took effect (12 months for a pre-1 May 2026 notice). If the amount is above market rent, you can challenge it at the First-tier Tribunal before the effective date - it can never set the rent above the figure the landlord proposed. Keep paying the existing lawful rent while you check the notice, unless an adviser tells you otherwise.
- Can the tribunal reduce the proposed increase?
- Yes. The tribunal sets the market rent based on evidence. It can set a lower figure than the landlord proposed.
- Can the landlord raise rent without the prescribed form?
- For the section 13 route, no. The landlord must use the correct prescribed form for the date the notice was served (Form 4A on or after 1 May 2026, Form 4 before that date) with the required information and notice period.
- What evidence should I use?
- Use comparable local listings, screenshots, photographs of condition, evidence of disrepair, and details of what is included in the rent.
- Should I pay the new rent while challenging?
- Get advice if unsure. Generally, keep paying the existing lawful rent and make clear in writing that you dispute the proposed increase.
Is this legal advice?
This is legal information for renters in England, not legal advice. If you need advice on your specific facts, contact Shelter (0808 800 4444), Citizens Advice, your council, or a housing solicitor.