Section 13 rent reviews after the RRA: what changed, what stayed, and what the tribunal can (and can't) do
Short answer: under section 6 of the Renters' Rights Act 2025, Section 13 of the Housing Act 1988 is now the only mechanism by which a landlord can lawfully increase the rent on an assured periodic tenancy. The landlord may propose one increase per twelve-month period using prescribed Form 4A, with two months' notice. The tenant may refer the proposal to the First-tier Tribunal. The tribunal may set the rent at the open market figure or at the landlord's proposed figure — whichever is lower. It cannot set a higher figure than the landlord proposed. That last sentence is the most consequential operational change in the new regime.
This post sets out what the post-RRA Section 13 process actually looks like, what the tribunal can and cannot do, and how Harvey W James runs the anniversary review for managed tenancies.
What changed on 1 May 2026
Three changes to Section 13 took effect, all introduced by section 6 of the Renters' Rights Act 2025.
The first change is the abolition of contractual rent review clauses. Pre-RRA, an assured tenancy agreement could contain a clause specifying how the rent would rise — annual RPI uplift, fixed step-up, market-review clause. Those clauses are now of no effect. Section 13 is the only route.
The second change is the tribunal's powers. Pre-RRA, Section 14 of the Housing Act 1988 directed the tribunal to determine the open market rent for the property. If the market figure was higher than the landlord's proposed figure, the tribunal was permitted to award the higher amount. Section 7 of the Renters' Rights Act has now amended Section 14 to cap the tribunal's award at the landlord's proposed figure: the tribunal may award the proposed rent, or any lower figure it considers market, but never more. There is no upside to over-proposing.
The third change is the timing. The proposed effective date of the increase must now be at least two months after the date the notice is served, and no earlier than twelve months after the previous rent increase (or, if none, twelve months after the tenancy started). The tribunal can also defer the effective date by up to two months if the tenant has made a referral and would face undue hardship from the immediate change.
What did not change is also worth saying clearly. Section 13 is not retrospective: it cannot recover under-payment from past months. The mechanism is forward-looking only. And the rent the landlord proposes must be a genuine attempt to set an open market rent. The Act does not bar a landlord from proposing aggressively, but it does mean an aggressive proposal can be tested by the tenant at no risk to themselves.
How the tribunal actually decides
If the tenant refers the proposed rent to the First-tier Tribunal (Property Chamber), three things happen.
The tribunal asks the parties for evidence of comparable open market rents at the time the proposal was served. In practice this means actual lettings of similar properties in the same micro-market, ideally with executed tenancy agreements or agent confirmation, dated within the three months either side of the notice.
The tribunal applies an open market test: what would this property let for today, on the open market, to a hypothetical willing tenant. Vacant possession is assumed. The tribunal disregards any improvements the tenant has paid for and any disrepair the tenant has caused.
The tribunal then sets the new rent at the lower of (i) the open market figure it has determined and (ii) the figure the landlord proposed on Form 4A. If the landlord proposed £2,750 and the tribunal's open market figure is £2,800, the rent is set at £2,750. If the landlord proposed £2,750 and the tribunal's figure is £2,600, the rent is set at £2,600. The landlord cannot win more than they asked for, but they can be reduced.
The asymmetry matters in two ways. It removes the incentive to over-propose: there is no upside, and a tenant who sees an aggressive proposal is more likely to refer it to the tribunal. It also rewards landlords who propose accurately on the basis of defensible comparable evidence. A tribunal-tested proposal that comes back unchanged is as close to a market-confirmed rent as the new regime offers.
How Harvey W James runs the anniversary review
We run the anniversary review as a discussion first and a notice second.
Approximately two months before the anniversary of the tenancy commencement date, we contact the tenant in writing to open a Section 13 conversation. The contact is explicit that it is not a notice. It is the start of a discussion. We share the open market rent we have modelled for the property using comparable evidence from the previous quarter, drawn from our portfolio and from Rightmove and Zoopla listings in the same micro-market and unit type.
If the tenant accepts the proposed figure in principle, we serve the formal Form 4A immediately, with the agreed effective date. The notice runs for the statutory two months, the rent changes on the effective date, and the tenancy continues.
If the tenant disagrees, we have two options to put to the landlord. Either we negotiate a lower agreed figure that both parties accept and serve the notice at that figure, or we serve the notice at the landlord's preferred figure and accept that the tenant may refer it to the tribunal. In the second case, our documented comparable evidence is what we will rely on at the tribunal hearing — which is why our Section 13 proposals are always priced on the open market, never above it.
If the tenant takes no action within the statutory window — neither agreeing in writing nor referring to the tribunal — the proposed rent takes effect automatically on the effective date specified in the notice.
What landlords should do six months before the anniversary
Two things.
First, plan the figure in writing before the conversation. The increase needs to be defensible on comparable evidence at tribunal level. That is the new bar, not the old bar of "what feels reasonable". If you cannot produce three to five recent comparable lettings of similar units in the same micro-market, your proposal is exposed to a tribunal reduction. The comparable evidence Harvey W James assembles for every managed-property anniversary review is the operational answer to that exposure.
Second, take the tribunal cap seriously when deciding the proposed figure. Pre-RRA, you could propose aggressively in the knowledge that the tribunal might set a higher figure than you asked for. Post-RRA, the tribunal can only confirm or reduce. Proposing 5% above the open market figure with the expectation of "the tribunal might award the full market value" is no longer a workable strategy. It produces a referral, a tribunal hearing, and a reduction. The right number to propose is the open market figure, supported by evidence, every time.
For landlords whose tenancies are coming up for their first post-RRA anniversary, the practical implication is that the rent review is now a documented analytical process, not a negotiation. Speak to your agent six months out, not six weeks.
Where to look next
Section 13 is one of five RRA provisions that together lock in the day-one asking rent for the life of the tenancy. See our analysis of the day-one pricing decision for the full picture, and the bidding ban explainer for the related rule that prevents post-listing rent corrections. The valuation methodology behind a defensible Section 13 proposal is set out in why we won't take instructions at the wrong price. For the operational position on rent collection, arrears, and tribunal-route rent challenges, see Rent Protection and Landlords.
Sources
- Renters' Rights Act 2025, sections 6 and 7 — legislation.gov.uk
- Housing Act 1988, sections 13 and 14 (as amended) — legislation.gov.uk
- MHCLG, "Form 4A: Landlord's notice proposing a new rent under section 13" (1 May 2026)
- First-tier Tribunal (Property Chamber), procedure rules and practice directions
- Harvey W James, Essential Terms and Charges v2.1.5: §41 [RENT-003], §41.1 [RENT-003-A]
This page reflects Harvey W James' operational understanding of Section 13 of the Housing Act 1988 as amended by section 6 of the Renters' Rights Act 2025. It is not legal advice. For the published statute text refer to legislation.gov.uk; for your specific situation seek independent legal advice. Last reviewed against Essential Terms and Charges v2.1.5 (7 May 2026).