Journal
Section 13 Notice: Everything Landlords Need to Know
By Seymont London ·
A section 13 notice is the legal document landlords in England must use to propose a rent increase on an assured shorthold tenancy (AST) that's running on a periodic basis or contains no rent review clause. While rent reviews are a normal part of property management, getting the process wrong can lead to disputes or invalidate the increase altogether. Our team works with landlords across London every day, and we've seen firsthand how a properly served section 13 notice protects both parties and keeps tenancies running smoothly.
What Is a Section 13 Notice?
Section 13 of the Housing Act 1988 gives landlords the right to propose a new rent for assured shorthold tenancies, but only under specific conditions. The notice must be served on the official Form 4 (available from GOV.UK) and can only be used when the tenancy has become periodic—either because the fixed term ended and rolled over, or because the tenancy was periodic from the start. If your tenancy agreement includes a rent review clause, you'll follow that process instead; the section 13 notice doesn't apply.
The notice must give tenants proper warning before the increase takes effect. For monthly tenancies, you need to provide at least one month's notice, though the period extends to six months if rent is paid yearly. Importantly, you can only serve one section 13 notice per year, so timing matters. Our /landlord-services team often advises clients to align rent reviews with local market movements—Rightmove data shows London rents rose 8.5% year-on-year in Q4 2023, but increases should always reflect the property's true market value.
When and How to Serve a Section 13 Notice
Timing is critical. The proposed rent increase date must fall on the same day of the month (or quarter, or year) that rent is currently due, and it must be at least 12 months since the last rent increase—whether that was via section 13 notice or written into the original agreement. If you've just started a new tenancy, you cannot serve a section 13 notice during the initial fixed term; wait until it becomes periodic.
Delivery method matters, too. The notice can be hand-delivered, sent by first-class post, or—if the tenancy agreement allows—emailed. We always recommend keeping proof of service: a photo of hand delivery, a certificate of posting, or a read receipt. If the tenant disputes receiving it, the burden of proof falls on you. For landlords managing property in competitive markets like /estate-agents/kensington, ensuring the notice is watertight avoids costly delays and protects your rental income.
What Tenants Can Do in Response
Tenants aren't obliged to accept the proposed rent. They have three options: agree to the increase (most common when the new rent is fair), negotiate with you directly, or refer the matter to the First-tier Tribunal (Property Chamber) before the increase date. According to GOV.UK, the Tribunal will assess whether the proposed rent reflects the open market rate for a similar property in the area, considering condition, location, and terms.
If the tenant refers your notice to the Tribunal and the Tribunal sets a rent lower than you proposed, that becomes the new rent. If it's higher, you cannot charge more than you originally proposed. In practice, Tribunal referrals are rare—tenants often prefer to negotiate or, if the increase feels excessive, simply give notice and move on. That's why we always suggest benchmarking your proposed rent against comparable properties; you can explore current asking rents via /property-to-rent/kensington to get a feel for the market.
Common Mistakes Landlords Make
The most frequent error is serving the notice during a fixed term or before 12 months have passed since the last increase. Both invalidate the notice entirely. Another pitfall is proposing an unrealistic rent: if you're far above market rate, tenants are more likely to challenge or vacate, leaving you with void periods and re-letting costs.
We also see landlords forget that section 13 notices don't create new contractual terms—they only propose a rent change. If the tenant doesn't agree and doesn't refer to the Tribunal, the old rent continues until either party ends the tenancy. That's why clear communication and a fair, evidence-based proposal are essential. A professional /valuation can provide the market data you need to justify your increase and avoid disputes, especially in fast-moving neighbourhoods where rental values shift quickly.
Frequently asked
- How much notice must I give with a section 13 notice?
- For monthly tenancies, at least one month's notice. For quarterly tenancies, at least three months. For yearly tenancies, at least six months. The notice period depends on how often rent is currently paid.
- Can I use a section 13 notice if my tenancy has a rent review clause?
- No. If your tenancy agreement already includes a rent review clause, you must follow that procedure. Section 13 notices only apply when there is no contractual mechanism for increasing rent.
- What happens if my tenant ignores the section 13 notice?
- If the tenant neither agrees nor refers the notice to the Tribunal before the proposed date, the new rent takes effect automatically and becomes legally binding. The tenant must pay the increased amount from the date specified.
- Can I serve a section 13 notice more than once a year?
- No. You can only serve one section 13 notice per year, and there must be at least 12 months between any rent increases, whether via section 13 or another method.
- Do I need to use the official Form 4?
- Yes. The notice must be on Form 4 as prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, available from GOV.UK. Using the wrong form invalidates the notice.