How the rent increase process has changed
Since 1 May 2026, landlords of assured periodic tenancies in England must use the Section 13 process to increase rent. The increases are limited to once a year and cannot happen during the first year of a tenancy. Landlords must give at least two months’ notice using Form 4A. The UK Government advises landlords to discuss an increase with their tenant first, but the formal notice must still be served even where the amount has already been agreed.
A tenant who believes the proposed rent is above the open market rate can apply to the First-tier Tribunal (FTT). The application must be submitted before the proposed start date and currently costs £47, although help with fees may be available.
The Tribunal can confirm the proposed rent or set a lower figure. It cannot increase the rent above the amount requested by the landlord.
Achieved rents carry more weight
One of the first published decisions under the new regime concerned a two-bedroom flat at Skylark Point, a build-to-rent development in London.
The existing rent was £3,102.82 per month, and the landlord proposed increasing it to £3,180. The tenant argued that £3,040 was a more accurate market rent.
Both parties submitted comparable evidence. The tenant relied on four two-bedroom properties advertised by the same landlord in the immediate area, whilst the landlord provided details of nine rents agreed for similar flats within Skylark Point and a neighbouring development between April and June 2026.
The Tribunal gave greater weight to the landlord’s evidence because it showed rents that had actually been agreed, rather than asking prices. As the proposed rent was below all nine of the landlord’s comparables, the Tribunal confirmed the increase to £3,180.
The decision is not binding on other tribunals, and every case will depend on its own facts. However, it supports the UK Government’s guidance, which states that information from property portals can help, but evidence from completed rental agreements is stronger.
Smaller landlords must prepare carefully
Institutional landlords may find it easier to provide achieved rents because they manage many similar homes. Smaller landlords may not have access to the same volume of internal data, making the agent’s knowledge of the local market especially valuable.
Agents should help landlords build a clear evidence file before recommending an increase. This could include:
- recently achieved rents for comparable properties
- the location, size and type of each comparable home
- differences in condition, specification and furnishings
- photographs, floor plans and room sizes
- details of repairs, improvements and local amenities
- an explanation of how the proposed figure was reached.
The closest comparables will usually be the most useful. Asking rents can provide context, but they do not show what a tenant eventually agreed to pay.
The condition of the property also matters. The Tribunal is assessing what the home could reasonably achieve on the open market, so outstanding repairs or differences in the facilities provided may justify an adjustment.
Tribunal speed remains uneven
The Skylark Point case was resolved relatively quickly, but Propertymark members have reported a very different experience in some areas. Anecdotal evidence suggests cases can take a long time to be processed, particularly in London. It is too early to know whether these delays are widespread, but the contrast shows that one fast decision should not be representative of the whole system.
Timing has financial consequences. Where the Tribunal reaches its decision before the proposed start date, the determined rent can take effect on that date. If the decision comes later, the new rent will normally begin from the next rent payment date after the decision, rather than being backdated to the date stated in the notice.
Propertymark will continue to monitor members’ experiences as well as the Tribunal’s capacity to handle cases promptly and fairly.
Discussion can prevent disputes
Members have also told us that many challenges can be avoided by discussing the proposed increase with the tenant before serving Form 4A.
Agents can play an important role by explaining the market evidence, allowing the tenant to respond and checking whether concerns about the property are affecting their view of the proposed rent. Where the evidence supports a different figure, an early conversation allows the landlord to reconsider before the formal process begins.
Even when agreement is reached, landlords must still serve a valid Form 4A and give the required notice. Careful preparation, open communication and accurate paperwork can reduce the risk of a challenge while helping both parties understand how the new rent has been calculated.
Propertymark members can access practical guidance, templates, training and FAQs through our Renters’ Rights Act 2025 Toolkit.
Supporting agents with clarity and confidence
Former agency owner, Prosecutor and longstanding Propertymark trainer Penny Schofield runs our highly popular course on Section 8 and Section 13 notices, ensuring delegates walk away with the knowledge to accurately complete and serve notices of posession and rent increases. The course is available online on multiple dates, or can be tailored and delivered in-house for any number of participants.
