How to challenge a Section 13 rent increase

You've opened an envelope — or maybe an email — and found a notice telling you your rent is going up. It might feel like there's nothing you can do about it, but that's not true. If your landlord has used a Section 13 notice to propose a rent increase, you have clear rights under English law, and a straightforward process to challenge it.

Thousands of renters receive these notices every year. Many just accept them without checking whether the increase is reasonable or even whether the notice itself is valid. This guide walks you through the steps you can take, one at a time, so you can make an informed decision about what to do next.

Step 1: Check if the notice is valid

Before you think about the amount, check the paperwork. A Section 13 notice must follow strict rules set out in the Housing Act 1988, and even small errors can make the whole notice invalid. If the notice isn't valid, the proposed increase cannot take effect.

Here are the most common things to look for:

• Wrong form. The notice must use the correct prescribed form. If your landlord has used an outdated version or a different document, the notice may not be valid.
• Wrong notice period. For most periodic tenancies, your landlord must give you at least one month's notice for a monthly tenancy, or six months for a yearly tenancy. If the dates don't add up, that's a problem.
• Too soon. A landlord can only increase rent once per year using Section 13. If your rent was last raised less than 12 months ago, the notice may be premature.
• Wrong start date. The increase must start on the first day of a rental period. If the proposed date falls mid-period, the notice could be invalid.
• Fixed-term tenancy still running. Section 13 notices only apply to periodic tenancies. If you're still inside a fixed-term agreement, the notice shouldn't have been served at all.

Even one of these errors can mean the notice has no legal standing. It's worth checking carefully — or using a tool like RentSOS to run through these checks in about two minutes.

Step 2: Compare the proposed rent to market rates

If the notice is valid, the next question is whether the proposed rent is reasonable. Under Section 13, a tribunal can only set the rent at the open market rate — what a willing tenant would pay for the property on the open market, in its current condition.

That means the comparison isn't about what other landlords are charging in general. It's about what your specific property, with its specific features and any issues, would reasonably command.

To get a sense of this:

• Check local listings. Look at similar properties in your area on sites like Rightmove or Zoopla. Filter by property type, size, and location.
• Note the condition. If your property has damp, outdated fittings, or poor insulation, that should bring the comparable rent down. The tribunal takes the property as it is — not how it could be.
• Factor in what's included. If similar listings include bills, parking, or furniture and yours doesn't, a direct price comparison isn't accurate.

If the proposed rent is noticeably above what comparable properties are letting for, you may have strong grounds to challenge.

Step 3: Talk to your landlord

Before going to the tribunal, it's often worth having a conversation with your landlord. Many landlords are open to discussing the increase, especially if you can show evidence that the proposed figure is above the local market rate.

Keep the tone constructive. You're not accusing anyone of doing anything wrong — you're simply sharing information and asking whether there's room to agree on a figure that works for both of you.

Put your points in writing (an email is fine) so there's a clear record. If you reach an agreement, ask your landlord to withdraw the Section 13 notice and confirm the new rent in writing.

This step doesn't cost anything, and it often resolves things without needing to go further.

Step 4: Apply to the First-tier Tribunal

If you can't reach an agreement, you have the right to refer the notice to the First-tier Tribunal (Property Chamber). This is a straightforward process, and you don't need a solicitor to do it.

Here's what you need to know:

• The fee is £47. That's a one-off application fee (at the time of writing).
• The deadline matters. You must apply before the date the proposed increase is due to take effect. Miss this deadline, and the increase goes ahead automatically.
• You can do it yourself. The application form is available on GOV.UK. You'll need a copy of the Section 13 notice and details of your tenancy.

The tribunal is informal compared to a court. It's designed to be accessible to ordinary renters. You can submit evidence in writing, and many cases are decided on paper without a hearing.

Step 5: What happens at the tribunal

Once you've applied, the tribunal will look at your notice and assess the open market rent for your property. They'll consider evidence from both you and your landlord — things like comparable local rents, the condition of the property, and any relevant factors.

The tribunal then sets the rent at what it considers the market rate. This could be:

• Lower than the proposed increase — which is the outcome most tenants are hoping for.
• The same as the proposed increase — if the tribunal agrees the landlord's figure is fair.

A major change from 1 May 2026

Under the Renters' Rights Act 2025, which comes into force on 1 May 2026, the tribunal will no longer be able to set the rent higher than the amount your landlord proposed. This is a significant change. Previously, there was a small risk that applying to the tribunal could result in a higher rent than what was originally proposed. That risk is being removed.

This means that from 1 May 2026, challenging a Section 13 notice through the tribunal carries no downside risk on the rent amount. If the tribunal agrees with the landlord, you pay the proposed figure. If it doesn't, you pay less.

Key takeaways

• You have the right to challenge. A Section 13 notice is a proposal, not a done deal. You are entitled to question it.
• Check the paperwork first. Many notices contain procedural errors that make them invalid — check before you accept.
• Compare to the local market. The rent should reflect what your specific property would actually let for in its current condition.
• The tribunal is accessible. You don't need a solicitor, and the process is designed for renters to use directly.
• From May 2026, there's no risk of a higher rent at tribunal. The Renters' Rights Act 2025 removes the possibility of the tribunal setting a rent above what the landlord proposed.

FAQs

Can I refuse a Section 13 rent increase?

You can't simply refuse to pay a valid rent increase that takes effect. However, you can challenge it by applying to the First-tier Tribunal before the increase date. If you do nothing, the proposed rent becomes payable from the date stated on the notice.

How long do I have to challenge a Section 13 notice?

You must apply to the First-tier Tribunal before the date the new rent is due to start. For most monthly tenancies, that gives you roughly one month from the date the notice is served. Don't wait — check the dates on your notice and act promptly.

Do I need a solicitor to challenge my rent increase?

No. The tribunal process is designed so that tenants can represent themselves. You'll submit evidence (such as comparable local rents and details of the property's condition), and the tribunal will make its decision. Many cases are decided without a hearing.

What if my Section 13 notice has errors?

If the notice uses the wrong form, gives the wrong notice period, proposes the wrong start date, or has been served too soon, it may be invalid. An invalid notice means the rent increase cannot take effect. It's well worth checking every detail — RentSOS can help you do this quickly.

Will the tribunal definitely lower my rent?

Not necessarily. The tribunal sets the rent at what it considers the open market rate for your property. If the landlord's proposed figure is already at or below market rate, the tribunal may keep it as it is. But from 1 May 2026, the tribunal cannot set the rent higher than what the landlord proposed, so there's no risk of ending up worse off.

Does this apply in Scotland, Wales, or Northern Ireland?

No. Section 13 of the Housing Act 1988 applies to England only. Scotland, Wales, and Northern Ireland have different rules for rent increases. If you rent outside England, check the guidance for your specific jurisdiction.

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Received a Section 13 notice and not sure where to start? RentSOS checks your notice for validity in about two minutes — so you know where you stand before making your next move.