What happens if your Section 13 notice hasn't been decided by 1 May 2026

On 1 May 2026 the Renters' Rights Act 2025 takes effect. If you've received a Section 13 rent increase notice in the last few weeks and the matter isn't settled by that date, you're sitting on one of the trickiest bits of the transition. The short answer is: which set of rules apply to you depends on when the Section 13 notice was served, not when it is decided. Get that wrong and you could lose rights you thought you had.

This guide walks through exactly what happens to a pending rent increase dispute either side of 1 May 2026, what to check now, and how to protect yourself in the 11 days that are left.

The headline rule: the date of service decides the regime

Government guidance has been unusually clear on this. A Section 13 notice served before 1 May 2026 is governed by the pre-RRA rules, even if:

• The effective date of the proposed increase is after 1 May 2026.
• The tribunal doesn't decide the case until after 1 May 2026.
• You apply to the tribunal after 1 May 2026 (provided you apply before the notice's effective date).

A Section 13 notice served on or after 1 May 2026 is governed by the new RRA rules from the start.

What this means in practice: if your landlord serves a Form 4 on you on 29 April 2026, with the increase taking effect on 1 August 2026, and you apply to the tribunal on 15 May 2026, the tribunal will apply the old rules — including the ability to set the rent higher than the landlord proposed, and backdating.

Three different situations you might be in

Situation 1 — You received a Section 13 notice before 1 May 2026 and haven't yet applied to tribunal

You are on the old rules. That means:

• The tribunal can decide a rent higher than your landlord proposed.
• The new rent can be backdated to the effective date on the notice.
• You must apply to the tribunal before the effective date on the notice, or the proposed rent stands.
• The prescribed form is Form 4 (not Form 4A).
• The minimum notice period is one month (weekly/monthly tenancies) or six months (yearly), not two months.

What to do now: make a sober decision about whether to apply. The "tribunal can go higher" risk is real. If your comparables research shows the landlord's figure is within 5 per cent of local market rent, a tribunal application is a gamble. Under the old rules, negotiation is often the smarter route.

Situation 2 — You received a Section 13 notice before 1 May 2026 and have already applied to tribunal

You are on the old rules throughout. The tribunal will hear the case under the Housing Act 1988 as it stood on the day of service. Current tribunal waiting times are around 24 weeks, so your hearing will almost certainly be after 1 May 2026 — but that doesn't change the legal test the tribunal applies.

What to do now: your case is locked in. Focus on building the strongest evidence bundle you can — local comparables, condition photos, condition report, and any procedural validity points. The tribunal's job is to decide market rent; give them the evidence that supports a lower figure.

Situation 3 — You might receive a Section 13 notice on or after 1 May 2026

You are on the new RRA rules from day one. That means:

• Form 4A is the prescribed form.
• Minimum notice is two months for every payment frequency.
• The tribunal cannot set a rent higher than the landlord proposed.
• The tribunal can delay the increase by up to two additional months if you'd face hardship.
• The tribunal's decision is not backdated — the new rent takes effect from the date the tribunal decides, at the earliest.

What to do now: wait. If you expect a Section 13 to arrive in the next few weeks, you are materially better off under the new rules. You have nothing to lose from a tribunal application, no backdating risk, and no "tribunal can go higher" risk.

The 30 April 2026 deadline landlords are racing

Expect a burst of Section 13 activity in the next 11 days. The final date a landlord can serve a Section 13 notice under the old rules — with the shorter one-month notice period — is 30 April 2026. Many landlords and letting agents are racing to serve before that deadline precisely because the old rules favour them.

If you receive a notice dated between now and 30 April, treat it as an old-rules case regardless of when the increase takes effect.

[!warning] Check the service date carefully The date on the notice is when the landlord wrote it. The date it was served is the date you received it — which is what matters legally. If it's dated 28 April but arrived by post on 5 May, service date is 5 May. Keep the envelope and any delivery confirmation.

The backdating question — why this matters

Under the old rules, if the tribunal decides on a rent figure, that figure applies from the effective date on the original Section 13 notice. So if the notice took effect on 1 June 2026 and the tribunal decides on 1 November 2026, you owe the difference backdated to 1 June. Five months at the higher rate, payable as a lump sum.

Under the new RRA rules, no backdating. The new rent applies only from the tribunal's decision date.

For tenants with a pending old-rules case, this is a real cash-flow risk. Rule of thumb: set aside the difference between the current rent and the proposed rent every month the case is pending. If you win, you've saved for no reason. If you lose, you haven't scrambled for a lump sum.

What to do if you're mid-dispute on 1 May 2026

If the clock strikes midnight and your case is unresolved, nothing changes for you — your case continues under the old rules. But a few practical points:

• Keep paying the current (old) rent until the tribunal has decided. Don't unilaterally pay the higher rent; that can be treated as acceptance.
• Save the difference in a separate account in case the tribunal backdates.
• Don't accept a last-minute offer from the landlord without checking it's better than the tribunal's likely decision. Settling on old rules is sensible if your case is weak, and risky if your case is strong.
• Stay on top of tribunal correspondence. Missing a directions deadline can cost you the case.

What to do if you're about to receive a notice

If you haven't been served yet, watch for the date carefully.

• A Form 4 arriving on or before 30 April 2026: old rules. Decide carefully about tribunal.
• A Form 4A arriving on or after 1 May 2026: new rules. If the figure is above market, challenge it — the downside is now capped.
• A Form 4 arriving on or after 1 May 2026: invalid. The landlord must use Form 4A. Don't sign anything based on an invalid form.

Special case: fixed-term tenancies converting on 1 May 2026

From 1 May 2026, all existing assured shorthold tenancies convert to the new assured periodic tenancy regime. Rent increases on these tenancies can only happen via Section 13 from that date. If you're currently on a fixed-term with a contractual rent review clause, that clause is suspended — the landlord has to use Section 13 like everyone else.

If you have already received a contractual rent review notice for an effective date on or after 1 May 2026, it is not enforceable on its own. The landlord would have to re-serve a Section 13 (Form 4A) from 1 May.

A practical decision tree

1. Have you been served a Section 13 notice yet?

   • No: Wait. If you receive one before 30 April, you're on old rules. After 1 May, new rules — you have more protections.
   • Yes: Go to step 2.

2. What's the date of service?

   • Before 1 May 2026: Old rules. Go to step 3.
   • On or after 1 May 2026: New rules. Go to step 4.

3. Old rules — how confident are you in your challenge?

   • Strong (big overshoot vs comparables, procedural errors): Consider tribunal but understand the "tribunal can go higher" risk. Negotiation first is often safer.
   • Weak or uncertain: Negotiate. Don't gamble on tribunal under the old rules.
   • Already applied: Stay the course. Build your evidence bundle.

4. New rules — challenge if the figure is above market.

   • Tribunal can't go higher. No backdating. Free. The only downside is time.

How RentSOS fits

RentSOS checks whether your Section 13 notice is procedurally valid and whether the proposed rent is above local market rent — in under two minutes, for free. The paid £14.99 pack includes a personalised negotiation letter, comparables evidence, rental demand data, an EPC rating check and a tribunal application template. If you're on the old rules, our pack helps you decide whether to negotiate or apply. If you're on the new rules, it gives you the evidence to apply with confidence.

Key takeaways

• The date a Section 13 notice is served decides whether old or new rules apply — not the effective date or the tribunal decision date.
• Notices served before 1 May 2026 stay on the old rules. That includes the "tribunal can go higher" risk and backdating.
• From 1 May 2026, tribunals cannot set a rent higher than proposed and decisions are not backdated.
• Expect a surge of Section 13 notices in the next 11 days as landlords race the 30 April cut-off.
• If your case is pending on 1 May, keep paying the current rent and save the difference in a separate account.

FAQs

My notice was served on 20 April but the increase takes effect on 1 June. Which rules apply?

Old rules. The date of service is what counts, not the effective date.

I applied to the tribunal on 15 April. My hearing is in October. Is that old or new rules?

Old rules throughout. The tribunal will apply the Housing Act 1988 as it stood when the notice was served.

Can my landlord cancel a Section 13 notice served before 1 May and re-serve under the new rules?

Practically, yes — a landlord can withdraw a notice and serve a fresh Form 4A on or after 1 May 2026. But they would lose the minimum notice period already given and have to start the clock again. Most won't.

What happens to my contractual rent review clause on 1 May 2026?

It stops being enforceable on its own. From 1 May, Section 13 is the only way to increase rent on any assured periodic tenancy, regardless of what the tenancy agreement says.

Can the tribunal still backdate a rent increase if it's decided after 1 May 2026?

Yes — if the notice was served before 1 May 2026. If it was served on or after, no backdating.

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