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The Renters’ Rights Act 2025 has brought significant changes to how landlords in England can increase rent, with new rules applying to both existing and new tenancies from 1 May 2026.
For landlords and letting agents, understanding the revised rent review process is essential to avoid invalid notices, delays and potential disputes with tenants. From the use of prescribed forms and notice periods to market rent assessments and tenant challenges, getting the process right is more important than ever.
In this Sarah Taylor, answers 15 key questions about rent reviews under the new legislation, explaining what the changes mean in practice and what landlords and agents need to consider when proposing a rent increase.
1. Can I still rely on the rent review clause in my residential tenancy agreement?
No. Since 1 May 2026 a rent review clause in a residential tenancy agreement of property in England can no longer be used to increase the rent, and so the clause is of no effect. This applies to existing tenancies as well as new ones. The only lawful way to raise the rent is the statutory procedure under section 13 of the Housing Act 1988. The landlord and the tenant can still agree to reduce the rent at any time.
2. How can a landlord of residential property in England increase the rent, in practice?
The landlord must serve the tenant with the prescribed Form 4A, available on GOV.UK, stating the new rent and the date it is to take effect. The landlord needs to ensure that they use the current version and complete every field. An increase agreed informally by text, email or a letter is not binding, even if the tenant says yes. The landlord needs to give at least two months’ notice before the new rent starts.
3. How often can a landlord of residential property in England increase the rent, and when does the increase start?
Once every 12 months, and never in the first year of the tenancy. The new rent cannot take effect earlier than 52 weeks after the tenancy’s first period began, or for a later increase 52 weeks after the previous increase took effect. The 12 month clock runs from when the last increase took effect, or from the start of the tenancy if the rent has never been increased.
4. What happens if the landlord gets the timing or the form wrong?
The notice is invalid and the increase does not take effect. The tenant keeps paying the existing rent, and the landlord will have to start the process again with a fresh notice. Serving a section 13 notice too early is a common error that makes the whole notice ineffective.
5. How should the landlord serve the notice?
Serve it on every tenant named on the agreement and where there are joint tenants, all of them must be given the notice. There is no automatic “deemed service” rule for these notices, so the landlord will need to be able to show the notice was actually delivered to the tenant so a landlord will need to keep proof of service. In addition, the landlord will need to follow any service method set out in the tenancy agreement.
6. Is there a cap on how much I can increase the rent?
There is no fixed cap or percentage limit on the figure you propose. The practical limit is the “open market rent”, broadly, what the property would let for if advertised at the date of the notice. If a landlord proposes more than open market rent they invite a challenge, with no upside as the tribunal (which decides the new rent) cannot award a landlord more than it asked for.
7. How does a landlord work out the open market rent?
An expert will advise and they will rely on evidence of what comparable properties in the area are actually being letting for. Tribunals give more weight to rents already agreed on lettings than to advertised or asking rents. Landlords will want to gather genuine evidence of achieved rents for similar properties nearby before the propose a figure.
8. Can the tenant challenge the increase?
Yes. A tenant who thinks the proposed rent is too high can apply to the First-tier Tribunal (Property Chamber) to challenge it. They must apply before the date the increase is due to take effect. The fee is only £47. A tenant can also challenge the initial rent within the first six months of the tenancy. Even if a tenant is happy with the proposed rent increase, they are likely to challenge the proposed rent increase to delay the start of the rent increase.
9. If the tenant challenges, can the FtT set the rent higher than the landlord has proposed?
No. This is the key change under the reforms. The First-tier Tribunal (Property Chamber) can only confirm the landlord’s proposed rent or reduce it to the open market rent where that is lower. The First-tier Tribunal (Property Chamber) can never set a rent above the figure you put in the notice,.
10. Why would a tenant challenge even a fair, at-market increase?
Because there is almost no downside for them and several advantages. The First-tier Tribunal (Property Chamber) fee is low; the rent cannot come back higher than proposed; the old, lower rent continues to apply until the First-tier Tribunal (Property Chamber) decides, and the increase cannot be backdated; and the First-tier Tribunal (Property Chamber) can delay the start date further for hardship.
11. What rent does the tenant pay while the challenge is going on?
The existing rent. The new rent does not take effect until the First-tier Tribunal (Property Chamber) makes its determination, and it generally runs from the start of the next rental period on or after the decision. There is no backdating to the date in the landlord’s notice. If applying the normal start date would cause the tenant undue hardship, the First-tier Tribunal (Property Chamber) can push it back further, to a date no later than two months after its decision.
12. How does the First-tier Tribunal (Property Chamber) decide the open market rent?
First-tier Tribunal (Property Chamber) decides the rent the property could reasonably be expected to achieve if let on the open market on the same terms. It disregards any increase in value from improvements the tenant has made, and any reduction in value caused by the tenant’s own breach of the tenancy. Crucially, it does take the property’s actual condition into account and tribunals have reduced the market rent because of disrepair, a poor EPC rating, or ageing white goods.
13. What evidence should a landlord keep to support an increase?
Two things. First, strong evidence that the landlord’s proposed figure is at market: records of rents actually agreed on comparable local lettings, not just asking prices. Early experience is that landlords often turn up to the First-tier Tribunal (Property Chamber) with weak evidence or none, and lose ground as a result. Second, evidence of the property’s good condition such as time stamped inspection reports, photographs, maintenance logs and ongoing communication with tenants. Keep photographs, reports and maintenance logs to support.
14. Does the tenant have to use a particular form to challenge?
No. There is no longer a mandatory application form. Tenants are encouraged to use Form MR1 or the online service, but a challenge is not invalid for using another route.
15. Does the rent review process apply to every residential tenancy?
It applies to private rented sector assured tenancies in England from 1 May 2026, including tenancies that were already running on that date. If the landlord validly increased the rent under an old rent review clause before 1 May 2026, a section 13 notice served afterwards cannot take effect until 52 weeks after that earlier increase.
If you would like to discuss any of the topics raised, please email me via [email protected] or call 0161 832 3304.
