Rent increases can be a contentious issue for both tenants and landlords in the UK. Under the Housing Act 1988, landlords have the legal right to increase rents, but they must follow strict procedures—especially when using a Section 13 rent increase notice. Unfortunately, misinformation often leads to confusion, disputes, and even unnecessary evictions.
In this article, we’ll debunk common myths surrounding Section 13 rent increases, clarify the legal process, and explain how an eviction specialist UK can help resolve disputes.
What Is a Section 13 Rent Increase?
A Section 13 rent increase is a formal procedure landlords must follow to raise rents for assured shorthold tenancies (ASTs) in England and Wales when there is no rent review clause in the tenancy agreement. Unlike informal rent hikes, a Section 13 notice ensures the increase is fair, legal, and compliant with market rates.
Key Features of a Section 13 Notice:
Must be served on Form 4 (as prescribed by the government).
Requires at least one month’s notice (for monthly tenancies) or six months’ notice if increasing rent annually.
Can only be used once every 12 months.
Tenants can challenge the increase via a First-tier Tribunal if they believe it’s unfair.
Now, let’s debunk some common myths.
Myth 1: Landlords Can Increase Rent Whenever They Want
Reality: Landlords cannot arbitrarily increase rent whenever they choose. If the tenancy agreement includes a rent review clause, increases must follow those terms. If not, landlords must use a Section 13 notice, which limits increases to once per year and requires proper notice.
Tenants who receive an unjustified rent hike can dispute it through the tribunal. An eviction specialist UK can help tenants understand their rights and challenge unlawful increases.
Myth 2: Tenants Must Accept Any Rent Increase
Reality: Tenants do not have to accept a rent increase if:
The landlord hasn’t used the correct procedure (e.g., failed to issue a valid Section 13 notice).
The increase is significantly above market rates.
The notice period is too short.
If tenants believe the increase is unfair, they can:
Negotiate with the landlord.
Apply to the First-tier Tribunal within one month of receiving the notice.
Seek advice from an eviction specialist UK to assess their options.
Myth 3: Section 13 Notices Can Be Used Mid-Tenancy
Reality: A Section 13 rent increase can only be used:
After the fixed term of an AST has ended.
During a statutory periodic tenancy (rolling month-to-month tenancy).
Landlords cannot issue a Section 13 notice during a fixed-term tenancy unless the contract allows for rent reviews. Attempting to force a mid-term increase could be deemed harassment, leading to legal consequences.
Myth 4: Landlords Don’t Need to Justify the Increase
Reality: While landlords don’t have to provide detailed reasoning in the notice, the increase must be reasonable compared to local market rents. If a tenant challenges the increase at tribunal, the landlord may need to provide evidence (e.g., comparable rental prices in the area).
An eviction specialist UK can help landlords justify increases or assist tenants in disputing excessive hikes.
Myth 5: If a Tenant Refuses the Increase, They Can Be Evicted Immediately
Reality: Refusing a rent increase does not automatically mean eviction. The landlord must follow proper legal procedures:
If the tenant challenges the increase via tribunal, the landlord must wait for the decision.
If the tenant refuses to pay the higher rent, the landlord may need to pursue a Section 8 eviction (for rent arrears) or a Section 21 eviction (no-fault eviction, if applicable).
However, retaliatory evictions (serving a Section 21 notice because a tenant disputes a rent increase) could be deemed unfair. An eviction specialist UK can help tenants defend against wrongful evictions.
Myth 6: Rent Increases Can Be Backdated
Reality: A Section 13 rent increase cannot be backdated. The new rent only applies from the date specified in the notice (after the required notice period). Landlords cannot demand arrears for previous months at the higher rate.
Myth 7: Only Landlords Can Apply to the Tribunal
Reality: Tenants can also apply to the First-tier Tribunal if they believe a rent increase is excessive. The tribunal will assess whether the proposed rent aligns with market rates and may set a fairer amount.
An eviction specialist UK can guide tenants through this process, ensuring they present strong evidence (e.g., local rental comparisons).
What Happens If a Tenant Ignores a Section 13 Notice?
Ignoring a valid Section 13 rent increase notice is risky. If the tenant doesn’t challenge it within one month, the new rent becomes legally enforceable. Refusing to pay could lead to:
A Section 8 eviction for rent arrears.
Damage to the tenant’s credit score if a County Court Judgment (CCJ) is issued.
Tenants unsure about their rights should consult an eviction specialist UK before withholding rent.
How an Eviction Specialist UK Can Help
Whether you’re a tenant facing an unfair rent increase or a landlord navigating legal procedures, an eviction specialist UK can provide expert guidance, including:
For tenants: Challenging excessive rent increases, defending against retaliatory evictions, negotiating with landlords.
For landlords: Ensuring Section 13 notices are correctly served, justifying rent increases, handling tribunal disputes.
Conclusion
Understanding Section 13 rent increase is crucial for both landlords and tenants. Misinformation can lead to unnecessary conflicts, financial strain, or even unlawful evictions. By debunking these myths, we hope to clarify the legal process and emphasise the importance of seeking professional advice when disputes arise.
If you’re dealing with a rent increase or potential eviction, consulting an eviction specialist UK can help protect your rights and ensure a fair resolution.