Since 1 May 2026, a Section 13 notice is the only way to raise the rent on a periodic tenancy. The notice needs two months, you can use it once a year, and an agreement over a coffee no longer changes the contract. Get the paperwork wrong and the increase doesn’t happen.
Most Brighton tenancies are now assured periodic tenancies. That makes this the process you will use for every rent review. Here is how it works, where landlords go wrong, and how to set a figure that survives a challenge.
What changed on 1 May
Three things matter most.
- The notice period is two months. It used to be one month for a periodic tenancy. The gap now runs from the day you serve the notice, not the day you print the form.
- Rent review clauses no longer work. You can’t rely on one already in a tenancy agreement, and you can’t write a new one in. Shelter’s guidance sets this out clearly.
- The form is Form 4A. GOV.UK calls it the “Landlord’s notice proposing a new rent”. You use it even when the tenant has already agreed.
An informal agreement does not change the rent. GOV.UK says you must follow the Section 13 process every time, “even if you have already agreed the increase with your tenants”. If you skip it, you risk collecting a rent the tenant can later say was never validly increased.
The rules at a glance
| Rule | What it means for you |
|---|---|
| Form | Form 4A, Section 13 notice proposing a new rent. |
| Notice | At least two months before the new rent starts. |
| Frequency | Once a year. Not in the first year of the tenancy. |
| Gap between increases | At least a year after the last increase took effect. An increase from 1 February 2026 means the next can’t take effect before 1 February 2027. |
| How to serve | In person, by post, or by email if the tenancy agreement allows it. Keep proof of the date. |
| Challenge | The tenant can apply to the First-tier Tribunal before the start date on your notice. |
If you served a Form 4 before 1 May 2026, GOV.UK says its notice period and increase still apply, even where the new rent starts after that date.
Setting a figure that holds up
If a tenant challenges the increase, the tribunal decides the open market rent. That is what the property would let for on the open market, compared with similar homes nearby. So the number you put on the form needs evidence behind it.
- Use achieved rents where you can. What similar properties actually let for is stronger evidence than asking prices.
- Compare like for like. Size, location, condition, furnishing and any improvements or wear since the tenancy began.
- Keep your working. Save the listings and dates you used. If the case goes to a tribunal, you will want them.
Don’t overshoot. The form notes say a tenant who goes to the tribunal won’t pay more than the figure you proposed. Shelter also reports that the tribunal can no longer set a rent higher than the landlord proposed. So if you ask for too little, you can’t recover it at a hearing. If you ask for too much, the tribunal can set it lower.
An illustration
This is arithmetic, not a market claim. Say a flat lets at £1,200 a month and you propose £1,260.
- £60Extra a month
- 5%Increase on the current rent
- £720Extra over 12 months
Now compare that with a possible void. A month empty costs £1,200 in lost rent alone, before council tax and other costs. A modest, well-evidenced increase on a good tenant often beats a stretch that starts a dispute and ends in a vacated flat. Think about who is staying, and how hard it would be to replace them.
What tenants can do
- They can accept it. If the notice is valid and they don’t challenge it, the new rent starts on the date in the notice.
- They can apply to the tribunal. They must do it before the start date. If they do, the increase normally isn’t payable until the tribunal decides.
- They can challenge the notice itself. Shelter says the tribunal can now rule on an invalid notice. Before, that had to go to the County Court.
- They can ask for time. Shelter reports that where the increase would cause undue hardship, the tribunal can delay it by up to two months. The law doesn’t define undue hardship.
Common mistakes
- Counting the two months from the wrong date. The clock starts when you serve the notice. Serve early.
- Using email without permission. It is only allowed if the tenancy agreement says so.
- Wrong details on the form. The wrong tenant, address, rent or start date can make the notice invalid.
- Raising the rent too soon. Not in the first year, and not within a year of the last increase.
- Relying on an old rent review clause. They no longer apply.
These rules sit alongside the rest of the Act. Our guide to what changed for Brighton landlords on 1 May covers the wider picture, including possession grounds.
Should you do this yourself?
You can. The form is short. The risk is in the detail: dates, service and the evidence behind your figure. A managing agent does this as routine, and it is one of the tasks included in our managed lettings service.
Due a rent review?
Tell us the property and the current rent. We’ll check comparable lettings in Brighton & Hove and prepare the notice for you.
Ask us about a rent reviewRent increase rules are taken from GOV.UK landlord guidance on rent increases and from Shelter England’s guidance on the rules from 1 May 2026, current as of October 2026. Points attributed to Shelter, including the tribunal’s powers on hardship and invalid notices, should be checked against the Act and current GOV.UK guidance before you rely on them. This is general information and not legal advice. Please confirm your own position, or take professional advice, before serving a notice.