How to Increase Rent Under the Renters’ Rights Act 2015

The Renters’ Rights Act 2015 introduced important reforms to the way landlords can increase rent under assured tenancies, amending section 13 of the Housing Act 1988 and adding new sections 13A and 13B.

These changes simplify and clarify the rent increase process while giving tenants stronger protection against unexpected or unfair rent hikes. In particular, the Act distinguishes between ordinary assured tenancies (mostly private sector tenancies) and “relevant low-cost tenancies” (typically social or affordable housing).

Below, we break down the key changes and explain how and when rent can now be increased under each type of tenancy.

Two Different Rent Increase Regimes

Before 2015, section 13 of the Housing Act 1988 covered all periodic assured tenancies. The Renters’ Rights Act 2015 reshaped this by creating two distinct categories:

1. Ordinary assured tenancies – usually in the private rented sector, now governed by a revised section 13.

2. Relevant low-cost tenancies – mainly in the social housing sector, now governed by a new section 13A.

This separation recognises that social housing rents are often subject to different regulatory and policy frameworks compared to market rents in the private sector.

Rent Increases for Ordinary Assured Tenancies

For most private landlords, rent increases are now governed by the amended section 13 of the Housing Act 1988.

Notice Requirements

A landlord can propose a new rent by serving a section 13 notice in the prescribed form. The notice must:

• Give at least two months’ notice before the new rent takes effect (previously it was one month), and
• Specify that the increase takes effect at the start of a new rental period.

This two-month notice period gives tenants more time to review, negotiate, or challenge the proposed rent increase.

Methods of Increasing Rent

Section 13(4A) makes it clear that rent for an assured tenancy can only be increased in one of three ways:

• By serving a section 13 notice proposing a new rent;
• By a tribunal determination under section 14; or
• By a written agreement between the landlord and tenant following a tribunal decision, where the agreed rent is lower than the tribunal’s determination.

Any tenancy clause that provides for an automatic or alternative rent increase mechanism — for example, “the rent shall increase by 5% annually” — is now void and unenforceable unless it aligns with one of the above procedures.

Tenant’s Right to Challenge

If the tenant disagrees with the proposed rent, they can apply to the First-tier Tribunal (Property Chamber) before the date the new rent is due to take effect. The tribunal will determine the market rent for the property, which then becomes the lawful rent.

This provides an important safeguard for tenants, ensuring increases reflect fair market value rather than unilateral landlord decisions.

Rent Increases for Relevant Low-Cost Tenancies

The 2015 Act introduced a new section 13A to govern rent increases in “relevant low-cost tenancies.”

These tenancies are defined in section 13(4C) as:

• Assured tenancies of social housing provided by private registered providers, and
• Any other assured tenancy type specified by the Secretary of State through regulations.

Notice and Timing

For these tenancies, landlords must serve a section 13A notice proposing a new rent. The key timing rules are:

• The new rent must take effect at the start of a new rental period.
• The period must begin at least one month after the notice is served.

Rent can only be increased once every 12 months — specifically after 52 or 53 weeks from the last increase, depending on how the tenancy periods align.

This ensures consistency in rent review cycles and prevents multiple increases within a single year.

Tenant’s Right to Challenge

As with private tenancies, tenants under relevant low-cost tenancies can apply to the tribunal before the new rent takes effect. The tribunal will then determine whether the proposed rent is appropriate.

Agreed Variations

Section 13A(6) clarifies that landlords and tenants of these low-cost tenancies may still vary rent or other terms by mutual agreement, provided this is done in writing. However, unilateral rent increases outside the statutory or agreed process are invalid.

Common Rules for Both Tenancy Types

Despite the separate sections, several core principles now apply across all assured tenancies:

In both cases, the tribunal process serves as a neutral check to ensure rent increases remain reasonable and proportionate.

Why These Changes Matter

The Renters’ Rights Act 2015 strikes a balance between a landlord’s right to review rent periodically and a tenant’s right to stability and fairness. By introducing minimum notice periods, annual limits, and tribunal oversight, the Act ensures that rent increases are transparent and procedurally fair.

For landlords, the reforms mean it is essential to use the correct notice forms and comply strictly with the statutory timetable.

For tenants, the reforms provide clear rights to challenge rent increases before they take effect.

Key Takeaways

• Private landlords must give two months’ notice via a section 13 notice before any rent increase.
• Social landlords must give one month’s notice via a section 13A notice, and increases can only occur once per year.
• Tenants can challenge any proposed rent increase at the First-tier Tribunal.
• Automatic rent increase clauses in tenancy agreements are now unenforceable.