Section 13 vs Contractual Rent Review Clauses: Know the Difference

<h1>Section 13 vs Contractual Rent Review Clauses: Know the Difference</h1><p>If your landlord has told you your rent is going up, the first thing to check is <em>how</em> they’re increasing it. There are two main routes landlords use to raise rent in England, and your rights are different depending on which one applies to you.</p><p>With the Renters’ Rights Act taking effect on 1 May 2026, one of these routes is about to disappear entirely. Here’s what you need to know.</p><h2>What is a Section 13 notice?</h2><p>A Section 13 notice is the standard legal process for raising rent on a periodic assured shorthold tenancy. It comes from Section 13 of the Housing Act 1988 and has strict rules your landlord must follow:</p><ul><li><strong>Prescribed form:</strong> Your landlord must use Form 4 (the official form)</li><li><strong>Two months’ notice:</strong> The new rent can’t start until at least two months after you receive the notice</li><li><strong>Once per year:</strong> Your landlord can only serve one Section 13 notice every 52 weeks</li><li><strong>Market rent only:</strong> The proposed rent must reflect what a similar property would fetch on the open market</li><li><strong>Your right to challenge:</strong> You can refer the notice to the First-tier Tribunal for free if you think the increase is too high</li></ul><p>The Section 13 process gives you clear protections. There are deadlines, a prescribed form, and an independent body that can decide whether the increase is fair.</p><h2>What is a contractual rent review clause?</h2><p>A contractual rent review clause is a term written into your tenancy agreement that sets out how and when your rent will increase. These clauses vary widely -- some are reasonable, others are not.</p><p>Common types include:</p><ul><li><strong>Fixed percentage increases:</strong> "Rent will increase by 5% on each anniversary"</li><li><strong>Inflation-linked increases:</strong> "Rent will rise in line with CPI or RPI each year"</li><li><strong>Market rent reviews:</strong> "Rent will be reviewed annually to reflect market rates"</li><li><strong>Fixed amount increases:</strong> "Rent will increase by GBP50 per month after 12 months"</li></ul><p>The key difference is that contractual clauses bypass the Section 13 process entirely. Your landlord doesn’t need to serve a formal notice or use a prescribed form. They simply apply the increase as written in your tenancy agreement.</p><h2>Why this matters for you</h2><p>If your tenancy has a rent review clause, you may have fewer protections than you think:</p><ol><li><strong>No tribunal right (currently):</strong> With a contractual clause, you generally can’t refer the increase to the First-tier Tribunal the way you can with Section 13. The increase is treated as something you agreed to when you signed the tenancy.</li><li><strong>No prescribed form:</strong> Your landlord doesn’t need to use Form 4 or follow the same notice requirements.</li><li><strong>Automatic increases:</strong> Some clauses trigger automatically -- your rent goes up whether or not your landlord sends you a reminder.</li><li><strong>Above-market increases:</strong> A clause that says "5% per year" might push your rent above the local market rate over time, especially if market rents are flat or falling.</li></ol><h2>How to check which applies to you</h2><p>Start by reading your tenancy agreement carefully. Look for any section headed "rent review", "rent increase", or similar. If your agreement includes a clause that specifies how your rent will change, that’s a contractual rent review clause.</p><p>If there’s no such clause, your landlord must use the Section 13 process to increase your rent.</p><p><strong>Important:</strong> Even if your agreement <em>does</em> have a rent review clause, your landlord might still choose to use Section 13 instead. Some landlords use Section 13 for every increase regardless, because it’s the safer legal route.</p><h2>What changes on 1 May 2026</h2><p>The Renters’ Rights Act abolishes contractual rent review clauses for assured tenancies. From 1 May 2026:</p><ul><li><strong>All rent increases must use Section 13.</strong> No more fixed uplifts, RPI-linked reviews, or bespoke mechanisms, even if they’re written into your tenancy agreement.</li><li><strong>Existing clauses become void.</strong> If your current tenancy has a rent review clause, it will no longer be enforceable after 1 May.</li><li><strong>One route, one set of protections.</strong> Every tenant will have the right to challenge through the tribunal, regardless of what their tenancy agreement says.</li></ul><p>This is one of the most significant changes in the Act for tenants who currently have contractual clauses. It levels the playing field.</p><h2>What to do right now</h2><p><strong>If your rent is being increased before 1 May 2026:</strong></p><ul><li>Check whether your landlord is using Section 13 or a contractual clause</li><li>If it’s a contractual clause, check the exact wording -- has it been applied correctly?</li><li>If you think the increase is unfair, seek advice from Citizens Advice or Shelter</li></ul><p><strong>If your rent increase takes effect on or after 1 May 2026:</strong></p><ul><li>Your landlord <em>must</em> use the Section 13 process</li><li>Any contractual clause in your tenancy agreement will no longer apply</li><li>You will have the right to challenge through the tribunal</li></ul><p><strong>If you’re unsure:</strong></p><ul><li>Use the RentSOS checker to understand your rights</li><li>Keep a copy of your tenancy agreement and any notices you receive</li><li>Don’t pay the increased rent without checking -- paying the new amount can be treated as acceptance</li></ul>