How to Challenge a Rent Increase Under Section 13 (2025 Guide)
Your landlord has sent you a notice saying your rent is going up. Maybe it's £100 more a month. Maybe £200. Either way, you're wondering: can I challenge this?
The short answer is yes — if your landlord used a Section 13 notice to increase your rent, you have the right to apply to a tribunal to decide whether the increase is fair.
This guide explains how the process works, what form you need, and what to expect.
Key stat: Rent-related tribunal cases in England increased by almost 90% between 2019 and 2023, rising from 483 to 921 cases. With the Renters' Rights Act 2025 now passed, this number is expected to grow significantly.
What is a Section 13 Rent Increase?
Section 13 of the Housing Act 1988 sets out how landlords can increase rent for assured and assured shorthold tenancies (ASTs) — which covers most private renters in England.
Your landlord must use a specific form called Form 4 (officially "Landlord's notice proposing a new rent under an assured periodic tenancy"). This notice must give you:
- At least one month's notice (for monthly tenancies)
- The proposed new rent
- The date the new rent starts
- Information about your right to challenge
If your landlord didn't use Form 4, or didn't give proper notice, the rent increase may not be valid.
Can I Challenge the Increase?
Yes, but only if:
- Your landlord used a Section 13 notice (Form 4) to propose the increase
- You apply to the tribunal before the new rent is due to start
- You have an assured or assured shorthold tenancy in England
Important: You must apply before the date the new rent starts. This deadline is on your Section 13 notice. Miss it and you lose your right to challenge.
Where Do I Apply?
You apply to the First-tier Tribunal (Property Chamber). This is an independent body that decides housing disputes — it's not part of your local council or your landlord's team.
The form you need is called Form Rents 1 (officially "Application referring a notice proposing a new rent under section 13(4) of the Housing Act 1988").
You can download it from the government website: GOV.UK - Form Rents 1
What Does the Tribunal Decide?
The tribunal's job is to set a "market rent" — what a willing tenant would pay for your property on the open market.
They look at:
- Comparable rents for similar properties in your area
- The size and condition of your property
- Any improvements you've made (which they ignore)
- Any disrepair or problems (which may reduce the rent)
Risk warning: The tribunal can set the rent higher than what your landlord proposed if they decide the market rent is higher. Check local rents before applying — websites like Rightmove and Zoopla show asking rents for similar properties.
Step-by-Step: How to Challenge
Step 1: Check your notice
Make sure your landlord used Form 4 (Section 13 notice). Check the date the new rent is due to start — this is your deadline to apply.
Step 2: Research local rents
Search Rightmove, Zoopla, and OpenRent for similar properties nearby. Note down the asking rents, property sizes, and conditions. This helps you decide if challenging is worth it.
Step 3: Try negotiating first
Write to your landlord explaining why you think the increase is too high. Provide evidence of comparable rents. Some landlords will compromise to avoid the tribunal process.
Step 4: Complete Form Rents 1
Download and fill in the application form. You'll need to include a copy of your Section 13 notice and details of your tenancy.
Step 5: Submit before the deadline
Send your completed form to your regional tribunal office. Keep proof of posting. The deadline is the date the new rent starts — don't wait until the last day.
Step 6: Attend the hearing (if needed)
The tribunal may decide based on written evidence, or they may hold a hearing. If there's a hearing, you can attend in person or by video. The tribunal may also inspect your property.
What Evidence Should I Provide?
The stronger your evidence, the better your case. Gather:
- Comparable properties: Listings for similar properties nearby with their rents
- Property condition: Photos of any disrepair, damp, or problems
- Tenancy agreement: Your original agreement showing the property details
- Communication: Any letters or emails to your landlord about repairs
- The Section 13 notice: The form your landlord sent you
Does It Cost Anything?
Good news: Applying to the tribunal is free. You don't pay any fees to submit your application, and you won't have to pay your landlord's costs even if the tribunal decides against you.
What Happens After the Decision?
The tribunal's decision is legally binding. The rent they set becomes your new rent.
If the new rent is backdated to the date in the original Section 13 notice, you may owe your landlord the difference. Tell the tribunal if this would cause you financial hardship — they may set the rent to start from the date of their decision instead.
You can appeal a tribunal decision, but only on limited grounds (usually a point of law). You'd need specialist legal advice for this.
Can My Landlord Evict Me for Challenging?
Your landlord cannot evict you simply for applying to the tribunal. Challenging a rent increase is your legal right.
However, if you have an assured shorthold tenancy, your landlord could separately serve a Section 21 "no fault" eviction notice. This is a risk to consider.
Renters' Rights Act 2025: The new law will abolish Section 21 evictions once fully implemented. This means landlords will no longer be able to evict tenants without a valid reason. The act is being rolled out in phases through 2026.
Frequently Asked Questions
Can my landlord increase the rent during a fixed term?
Usually no. If you're in a fixed-term tenancy, your landlord can only increase the rent if the tenancy agreement has a rent review clause allowing it. Section 13 notices are for periodic (rolling) tenancies.
What if my landlord didn't use Form 4?
If your landlord just sent a letter or email saying the rent is going up, without using the proper Section 13 notice (Form 4), the increase may not be valid. You don't have to pay the higher rent unless you agree to it or a valid notice is served.
How long does the tribunal process take?
It varies, but typically 4-8 weeks from application to decision. If there's a hearing, it may take longer. The tribunal aims to decide before the proposed rent increase date where possible.
Can I represent myself?
Yes. The tribunal is designed to be accessible without a lawyer. You can represent yourself, bring a friend for support, or have someone like a Citizens Advice adviser help you.
Useful Links
- Form Rents 1 - Application to tribunal
- GOV.UK - Rent increases guide
- Shelter - Rent increases advice
- Citizens Advice - Rent increases
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