Your landlord raised the rent without a Section 13 notice - what can you do?

What the law says

Section 13 of the Housing Act 1988 allows the landlord to propose a new rent for an assured periodic tenancy only by serving the prescribed notice. The prescribed form depends on the service date: Form 4A under the current 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. The form must state the current rent, proposed rent, effective date, and tenant rights to refer the increase to the First-tier Tribunal.

Section 14ZB of the Housing Act 1988 (or section 14 for a pre-1 May 2026 notice) gives the tribunal challenge route. If the landlord never served the correct prescribed form, the statutory rent increase has not taken effect. Separate agreement is different: if you clearly agree to a new rent or pay it without reservation, the landlord can argue that the rent changed by agreement rather than section 13.

Step-by-step: what to do

1. Ask for a copy of the notice if the landlord says one was served, and check it is on the correct prescribed form for the date served.

2. Check your post, email, agent portal, and any service method in the tenancy agreement.

3. Reply in writing that you have not received a valid section 13 notice and will keep paying the existing lawful rent.

4. Keep paying the current rent on time. Label payments with the rent period if possible.

5. If a valid notice later arrives, check the notice period, the minimum gap since the last increase (52/53 weeks post-1 May 2026, 12 months before), and market rent before the effective date.

Common mistakes to avoid

Do not simply pay the higher rent if you dispute it. Payment can look like agreement. Do not stop paying rent altogether, because that creates arrears. Do not rely on a phone call with the agent; put your position in writing. Do not miss the tribunal deadline if the landlord later serves a valid notice. Do not assume every tenancy uses section 13; fixed-term clauses and agreed variations need separate review.

• Ask for the correct prescribed form.
• Do not agree by text unless you intend to.
• Keep paying the existing lawful rent.
• Challenge a later valid notice before its effective date.

Related guidance

• Rent increase checker
  Check whether the increase has legal effect.
• Section 13 Form 4A guide
  What the prescribed rent increase form must contain.
• Rent increase rules
  How statutory rent increases work in England.
• Challenge a rent increase
  Use the tribunal route if a valid Form 4 proposes too much rent.

Common questions

Your landlord raised the rent without a Section 13 notice - what can you do?

If the landlord is using the statutory rent increase route, they must serve a valid section 13 notice on the correct prescribed form for the date served (Form 4A on or after 1 May 2026, Form 4 before that date). An informal email, text, letter, or conversation saying the rent is going up does not by itself increase rent under section 13. You can reply that you have not received a valid prescribed notice and will continue paying the existing lawful rent. Do not ignore the message entirely; keep a written response and check whether you have accidentally agreed to the higher rent.

Can an email increase my rent?

An email is not a section 13 notice unless it validly serves the correct prescribed form for the date. A plain email saying rent is going up does not use the statutory route.

What if I already paid the higher rent once?

Write immediately saying the payment was made under protest or by mistake if that is true. Get advice, because the landlord can argue payment shows agreement.

Can the landlord backdate a Section 13 notice?

No. The notice must give the required notice period before the new rent takes effect. It cannot retrospectively make earlier higher rent due.

Should I ask for a rent book or statement?

Yes. A clear rent statement helps show you are paying the existing lawful rent and prevents the landlord from mislabelling disputed increases as arrears.