Understanding when and how to serve a Section 13 Notice is crucial for landlords who wish to increase rent legally in England and Wales.
At London Estate Agency, we specialise in guiding landlords through every legal nuance to ensure compliance while maximising rental returns.
This article will explore the ideal timing, legal obligations, and strategic advantages of using Section 13 to adjust rents—empowering landlords to act confidently and efficiently.
What is a Section 13 Notice?
A Section 13 Notice, under the Housing Act 1988, allows landlords to propose an increase in rent for an assured periodic tenancy (including assured shorthold tenancies) after the fixed term ends.
It cannot be used during the fixed term, and it must follow statutory procedures to be enforceable.
When Should a Landlord Use Section 13?
The best time to serve a Section 13 notice is once the fixed term of the tenancy has expired and the tenancy has become periodic (rolling month to month).
Here are key timings and scenarios where serving a Section 13 notice makes strategic sense:
1. When Market Rents Have Increased
If local market rents have risen significantly, a Section 13 notice allows the landlord to align the rent with current market conditions without renegotiating a new tenancy agreement.
2. Upon Periodic Tenancy Commencement
Once a tenancy becomes periodic, landlords are legally permitted to increase rent once per year using a Section 13.
This is particularly effective for long-term tenants who are still paying outdated rental rates.
3. Following Property Improvements
Have you recently upgraded the kitchen, bathroom, or overall condition of your rental?
These capital improvements can justify a rent increase through Section 13, allowing you to recoup your investment legally.
4. To Replace a Rent Review Clause
Some older tenancy agreements do not include a rent review clause. In such cases, Section 13 becomes your primary legal route to adjust the rent.
How Much Notice Must Be Given?
The law requires the landlord to provide the tenant with a minimum notice period before the rent increase can take effect:
One month for tenancies with a rental period of less than a month (e.g. weekly).
Six months’ notice for yearly tenancies.
Notice must align with the rental period and be served in writing using Form 4 prescribed under the Housing Act 1988.
You can download the official Form 4 from GOV.UK here.
Common Mistakes Landlords Make with Section 13
Many landlords unknowingly jeopardise their ability to increase rent by making the following errors:
Serving Section 13 before the fixed term ends
Using the wrong form or failing to complete it properly
Not aligning the notice date with the tenancy’s rental period
Increasing rent more than once in 12 months under Section 13
At London Estate Agency, we ensure all notices are prepared and served correctly—protecting you from tenant disputes and Tribunal challenges.
Can a Tenant Challenge a Section 13 Notice?
Yes. A tenant has the legal right to refer the proposed increase to the First-tier Tribunal (Property Chamber) if they believe it is excessive.
The tribunal will determine the market rent based on local comparables. To avoid disputes, we conduct thorough market rent reviews using real-time comparables, ensuring the proposed increase is fair and justified.
Advantages of Letting Professionals Serve Your Section 13 Notice
Partnering with a professional agency like London Estate Agency brings peace of mind and legal protection:
Legally compliant notices served accurately
Rent proposals based on accurate market data
Tenant communication and negotiation handled professionally
Risk of Tribunal challenges significantly reduced
We also offer Rent Protection and Legal Support in-house, further securing your rental income even if a tenant contests the increase.
Should You Consider Alternatives to Section 13?
In some cases, a mutual rent increase agreement or renewing the tenancy at a new rent may be more effective, particularly if you maintain a good relationship with your tenant and wish to avoid conflict.
However, Section 13 remains the most robust legal route when:
A tenant is unresponsive to negotiation
The existing agreement lacks a rent review clause
You prefer not to issue a new tenancy agreement
Our Comprehensive Rent Review Services
At London Estate Agency, we take pride in offering landlords a full-service solution to rent increases, including:
In-depth rental valuations
Tenant negotiation support
Preparation and serving of Section 13 notices
Compliance with all legal frameworks
Let our team take the stress off your shoulders and handle every legal detail, allowing you to focus on growing your investment portfolio.
FAQs on Section 13 Notices
Can I serve a Section 13 during a fixed-term tenancy?
No. You must wait until the fixed term has ended and the tenancy has become periodic.
How often can I increase rent with Section 13?
Once every 12 months.
What happens if I serve it incorrectly?
An invalid notice can be challenged by the tenant and deemed unenforceable, delaying your rent increase.
Do I need the tenant’s agreement?
Not for a Section 13 notice. It’s a unilateral proposal, but the tenant may refer it to a tribunal if they disagree.
Can a tenant be evicted for refusing the rent increase?
No. You must either reach an agreement, proceed to tribunal, or serve notice under Section 21 if appropriate.
Let Us Handle Your Rent Review and Section 13 Compliance
As experts in landlord legislation and property management in London, we’re committed to helping you maximise your returns legally and efficiently.
If you’re unsure about when or how to serve a Section 13 notice, let our team at London Estate Agency take care of everything—from compliance to communication.
