Under HA 1988 s. 13, landlords propose rent increases via prescribed form notice every 52 weeks. Tenants may refer notices to tribunal under section 14.
Official text
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HA 1988 s. 13 — United Kingdom
This section applies to— a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period. This section applies to any assured tenancy other than a relevant low-cost tenancy. For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— the minimum period two months after the date of the service of the notice; and except in the case of a statutory periodic tenancy— either in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began; or in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below , either — in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect; or in any other case, the appropriate date The minimum period referred to in subsection (2) above is— in the case of a yearly tenancy, six months; in the case of a tenancy where the period is less than a month, one month; and in any other case, a period equal to the period of the tenancy. The appropriate date referred to in subsection (2)(c)(ii) above is— in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect; in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. This subsection applies where— the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect. Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,— the tenant by an application in the prescribed form refers the notice to the appropriate tribunal applies to the appropriate tribunal under section 14(A3) ; or the landlord and the tenant agree on a variation of the rent which is different from new rent which is lower than that proposed in the notice or agree that the rent should not be varied. The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of— a notice under this section or an agreement under subsection (4)(b) following such a notice, a determination under section 14, or an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination; and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection. Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) limits any right of the landlord and the tenant under an assured tenancy to which this section applies to vary any term of the tenancy by agreement. In this section “ relevant low-cost tenancy ” means— an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008 , where the landlord is a private registered provider of social housing, and any other assured tenancy of a description specified in regulations made by the Secretary of State. Regulations under subsection (4C)(b)— may make different provision for different purposes; are to be made by statutory instrument. A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament. Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
Section 13 is the statutory route for putting the rent up when the tenancy agreement itself contains no rent review mechanism. The landlord serves a notice in the prescribed form proposing a new rent, to take effect at the beginning of a new period of the tenancy specified in the notice. The date cannot be earlier than two months after service, and, except for a statutory periodic tenancy, not before the tenancy has run 52 weeks - and where the rent has already been increased under this section or by a tribunal determination, not until 52 weeks after that increase took effect. So the section produces at most one increase a year.
Subsection (4) gives the tenant two answers to the notice. The tenant can apply to the appropriate tribunal, which then determines the rent under section 14; or the landlord and tenant can agree a different, lower rent, or agree that the rent should not change. If the tenant does neither before the start of the new period, the rent in the notice simply takes effect.
Subsection (4A) is the part that catches out landlords who wrote their own agreements. The rent for a period may not be greater than the rent for the previous period except by a section 13 notice, a section 14 determination, or a written agreement following such a determination - and "any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides" for an automatic increase by any other route. A clause providing for the rent to rise each year by a fixed percentage is therefore vulnerable where this section applies. The section does not apply to a relevant low-cost tenancy, which subsection (4C) defines by reference to assured tenancies of social housing let by a private registered provider.
When it applies
A rent increase announced by letter or email rather than on the prescribed form.
A second increase proposed less than a year after the last one.
A tenancy agreement providing for the rent to rise automatically every year.
A tenant deciding whether to accept the proposed rent or take it to the tribunal.
A large proposed increase that the tenant suspects is intended to force them out.
What this section does not say
×It does not say how much the rent may be increased by. The amount is a matter for agreement or, if challenged, for the tribunal under section 14.
×It does not apply where the tenancy itself contains a binding rent review provision of the kind described in subsection (1).
×It does not apply to relevant low-cost tenancies as defined in subsection (4C).
×It does not stop the parties agreeing a variation. Subsection (4B) preserves the right of landlord and tenant to vary terms by agreement.
×It does not cover service charges. Those are separate, and section 14(4) excludes service charges from "rent" for the tribunal's purposes.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A tenant on a periodic tenancy gets a message saying the rent goes up by thirty per cent from next month. The last increase was four months ago. There is nothing about rent reviews in the tenancy agreement.
How the wording applies
Where the agreement contains no rent review mechanism, section 13 is the only statutory route, and it has three requirements the message does not meet: the prescribed form, a start date at least two months after service, and no increase within fifty-two weeks of the last one under the section. The fact that decides the outcome is the date of the previous increase, because the section produces at most one increase a year however the notice is worded.
How the parties settled it
The landlord agrees to withdraw the message and to serve a proper notice at the appropriate point, and the tenant agrees to consider a modest increase from the anniversary rather than referring it to the tribunal.
Illustrative example
A tenancy agreement says the rent rises automatically each year by a fixed percentage. The landlord applies it without serving anything; the tenant thinks a notice was required.
How the wording applies
Subsection (1) takes a tenancy out of the section where it contains a binding rent review provision of the kind described, so the answer depends on the drafting rather than on the parties' expectations. Subsection (4A) is the counterpart: outside such a provision, the rent may not be increased except by a section 13 notice, a section 14 determination or an agreement following one. The fact everything turns on is whether the clause in this agreement is genuinely a binding provision for the rent to be increased, or merely an expression of intention.
How the parties settled it
Both agree to read the clause together with a plain-English summary attached, and the landlord agrees to serve a section 13 notice for future increases if the clause turns out not to bite.
The same problem elsewhere
The other legal systems in this collection answer the same everyday problem with their own provisions.
The comparison and these one-line summaries are in English.
The landlord wants to raise the rent: four systems that limit it, and three civil codes that say nothing
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
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This page reproduces the text of HA 1988 s. 13 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.