Rent Increase via a Section 13 Notice
- A landlord is restricted as to when and how often he increases the rent.
- This can be achieved by issuing a prescribed section 13 Notice warning a tenant of an impending increase with accompanying guidance notes.
- The landlord is prohibited from increasing the rent during any fixed term or after the end of a fixed tern (i.e. reverting to a periodic tenancy) unless expressly agreed in the tenancy or by the tenant.
- Alternatively, at the end of a fixed term a landlord can increase the rent by establishing a new tenancy agreement reflecting the increase - there is no limit on the increase but market rents will dictate the maximum and if contested, may be referred to a Rent Assessment Committee RAC.
- If a new tenancy is established as a means of increasing the rent then all the rules applicable to a new tenancy still prevail:
- Deposit registration and prescribed information
- The minimum term for an AST is normally 6 months but if less is agreed, cannot be enforced within six months.
- A section 13 notice is not effective until after the minimum notice period lapses. This is normally at least one month but can be longer depending on the tenancy duration. The onus is then on the tenant to contest the increase during the priority period by referring to the RAC within the set time limit
Published: 11 November 2013
Last Updated: 30 November 2021