Rent Arrears and Rent Increases: Your Rights Explained

Facing rent arrears is stressful enough on its own. Receiving a rent increase notice on top of that can feel completely overwhelming — as though two problems are pressing in at once with no way out.

If that's where you are right now, this guide is for you. The important thing to understand first is this: rent arrears and rent increases are legally separate matters. Your right to challenge a rent increase is not removed because you owe rent. And challenging a rent increase could actually help your arrears situation over time.

Here's what the law says, and what you can do.

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Are Rent Arrears and Rent Increases Connected?

In legal terms, no — they are not connected.

A Section 13 notice is about your future rent. It says: from this date, your rent will be this amount. It doesn't say anything about what you currently owe.

Rent arrears are about your past rent. They represent money you already owe from previous periods.

A landlord can serve a Section 13 rent increase notice whether you're in arrears or not. And you can challenge a Section 13 notice whether you're in arrears or not. The two processes run independently of each other.

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Can a Landlord Increase Rent If I'm in Arrears?

Yes. There is nothing in housing law that prevents a landlord from serving a Section 13 notice just because a tenant is in arrears. The notice procedure is completely separate from any arrears recovery action.

Similarly, being in arrears does not remove your right to challenge the proposed increase at the First-tier Tribunal if you believe it is above market rate.

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What Can My Landlord Do About Arrears?

While rent increases and arrears are separate, it's important to understand what options a landlord has when rent is owed:

Section 8 notice (fault-based eviction): If your arrears reach two months or more, your landlord has grounds to serve a Section 8 notice. This is a separate legal process from the Section 13 rent increase notice. A Section 8 on arrears grounds requires a court application and does not automatically mean you will have to leave — courts have discretion in many cases.

Rent increase and arrears simultaneously: A landlord could, in theory, serve a Section 13 increase notice while also pursuing arrears via Section 8. These are different legal processes and are handled separately. Don't let the presence of a rent increase notice distract you from addressing any arrears — both need attention.

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Should I Challenge the Rent Increase If I'm in Arrears?

It depends on your specific situation, but challenging a rent increase can be the right move even if you're in arrears — for one important reason.

If a tribunal sets a lower rent than your landlord proposed, your monthly outgoings go down. Over time, a smaller rent means the gap you need to close is smaller. Reducing your ongoing rent liability directly helps your ability to clear arrears over time.

Before deciding whether to challenge, check:

1. Is the proposed rent actually above market rate for your area? (Use local listings to compare like-for-like properties.)
2. Are there valid grounds to challenge on procedural grounds — notice period, correct form, 52-week rule? (These are separate from the market rate question.)
3. Can you manage the tribunal process alongside your current financial pressures?

If grounds exist, challenging may well be worth it. If you're unsure, run your notice through our free check to see whether the details hold up.

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How Does Local Housing Allowance (LHA) Fit In?

If you receive Universal Credit or Housing Benefit, your payment is calculated based on Local Housing Allowance (LHA) rates — the maximum housing support available in your area.

If your current rent is already above your LHA rate, a further rent increase will widen the gap between your benefits and your actual rent. This makes arrears more likely to grow.

Understanding your LHA rate is important in this situation. If the proposed new rent pushes you further above the LHA cap, this is relevant information for a tribunal — it goes to the question of whether the increase is reasonable in your circumstances.

Find out more about LHA rates and how they affect a rent challenge.

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Priorities If You're in Arrears and Facing a Rent Increase

If you're dealing with both issues at once, here's how to prioritise:

First: Don't ignore the arrears. If you're approaching two months' arrears, the risk of a Section 8 notice is real. Contact your landlord in writing to acknowledge the situation and discuss a repayment plan. Demonstrating good faith matters.

Second: Check the rent increase notice. Is it procedurally valid? Is the proposed amount genuinely above market rate for your area? A free check via RentSOS takes around two minutes.

Third: Seek advice. Citizens Advice and Shelter both offer free guidance on arrears, rent increases, and the interaction between the two. Debt advice services can also help you plan how to address the arrears.

Fourth: If grounds to challenge exist, submit your tribunal application before the effective date on the notice. The tribunal process is free and runs independently of any arrears proceedings.

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Support Available

If you're struggling financially with rent, there are several sources of support worth exploring:

• Universal Credit — if you're not already claiming and you're on a low income, you may be eligible. Housing costs can be included in a Universal Credit claim.
• Local Housing Allowance — if you claim Housing Benefit or the housing element of Universal Credit, your payment is based on LHA rates. Check your BRMA (Broad Rental Market Area) rate at GOV.UK.
• Discretionary Housing Payments — your local council can make additional payments if your LHA doesn't cover your rent. Apply to your local authority housing team.
• Citizens Advice — free advice on debt, arrears, and housing rights.
• Shelter — free advice and advocacy for renters in difficulty.

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Frequently Asked Questions

Can a landlord increase rent if I'm in arrears?

Yes. A Section 13 rent increase notice is legally separate from any arrears situation. A landlord can serve one regardless of whether you owe rent, and your right to challenge the proposed increase is not affected by your arrears status.

Does being in arrears affect my right to challenge a rent increase?

No. Your right to apply to the First-tier Tribunal to challenge a Section 13 notice is not conditional on your payment history. Arrears and rent challenges are handled as separate legal matters.

Can my landlord evict me for arrears at the same time as increasing rent?

In theory, a landlord could pursue both simultaneously — serving a Section 13 notice and a Section 8 notice on arrears grounds at the same time. However, these are separate legal processes handled differently. If this happens to you, seek advice urgently from Citizens Advice or Shelter.

What is the Local Housing Allowance and how does it help?

Local Housing Allowance (LHA) is the maximum housing support paid to renters receiving Housing Benefit or the housing element of Universal Credit. Your LHA rate is based on the area you live in and the size of your household. If your rent exceeds your LHA rate, you pay the shortfall from other income. A further rent increase that widens this gap can be relevant evidence at a rent tribunal.

I'm in arrears and received a Section 13 notice — what should I do first?

Start with the arrears: contact your landlord in writing, acknowledge the situation, and propose a repayment plan. This demonstrates good faith and reduces the risk of Section 8 proceedings. Then review the Section 13 notice — run a free check to see if it's valid and whether the proposed amount is above market rate. Seek advice from Citizens Advice or Shelter if you're unsure what to do next.

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Key Takeaways

• Rent arrears and rent increases are legally separate - one does not cancel out the other
• You can challenge a Section 13 notice even if you are in arrears
• A successful challenge reduces future rent, which helps reduce the arrears gap over time
• Section 8 (fault-based eviction) can be used for arrears - this is a separate process from any rent challenge
• Support is available: Universal Credit, LHA, Discretionary Housing Payments, Citizens Advice, and Shelter