Rent increases are an area where the law is changing, so the first question in any complaint is which rules applied at the time.
The section 13 procedure
For assured periodic tenancies, section 13 of the Housing Act 1988 sets a statutory procedure for increasing the rent: a notice in the prescribed form, a minimum notice period before the new rent takes effect, and limits on how often the rent can be increased this way. A tenant who disagrees can refer the proposed rent to the First-tier Tribunal before it takes effect. The tribunal decides the market rent.
Fixed-term tenancies are different. Rent can usually only be increased during the fixed term if the tenancy agreement allows it (a rent review clause), or by agreement.
What's changing
The Renters' Rights Act 2025 reforms assured tenancies in England, including moving tenancies to a periodic structure and making the section 13 route the way rent is increased. These changes are commenced in stages. Check the commencement dates against the dates of the notice and the increase in the complaint before you reply, and use the version of section 13 in force at the time.
Common points of dispute
- The notice wasn't in the prescribed form or didn't give enough notice.
- The increase came too soon after a previous one.
- A rent review clause in a fixed-term agreement is said to be unfair or unclear.
- The tenant says the new rent is above market rent.
Records to pull
- The tenancy agreement and any rent review clause.
- The increase notice, how and when it was served.
- The rent history and dates of previous increases.
- Evidence for the proposed rent (comparable lets).
Answering it
Set out the tenancy type, the route used to increase the rent, the dates, and the tenant's right to refer the proposed rent to the tribunal where it applies.
Casebriar separates a tenant complaint into its issues, checks the legal claims it covers against legislation.gov.uk and lists the records you’ll need. It’s in a free pilot with letting agents in England.
Join the pilot