Not every rent review leads to agreement. When a proposed increase is questioned, the process moves beyond notice and into independent assessment.
Under the Renters’ Rights Act 2025, due to take effect on 1 May 2026, landlords will be required to follow the statutory procedure set out in Section 13 of the Housing Act 1988 when increasing rent during an ongoing periodic or rolling tenancy.
Tenants will retain the right to challenge a proposed figure if they believe it exceeds market value. Understanding how that review process works and preparing before notice is served can help prevent delay and unnecessary dispute.
Related: How to End a Tenancy From May 2026: CJ Hole’s Guide to the New Possession Rules
When can a tenant challenge a rent increase?
Under the Section 13 procedure, a landlord may propose a new rent by serving the correct statutory notice. However, if a tenant believes the proposed figure exceeds the market rate, they can refer the increase for review.
A challenge does not automatically invalidate the notice. Instead, the proposed rent may be assessed independently, with reference to comparable properties and prevailing local market conditions.
The focus will not be on whether a landlord wishes to increase rent, but on whether the proposed amount reflects the market at the time.
What does a tribunal consider?
If a rent increase is reviewed, the assessment will typically consider:
- Comparable rental properties in the local area
- Condition and size of the property
- Location and demand
- Any relevant market trends
The decision will centre on what is considered the market rent for that property at that time, among other factors.
It is important to note that the outcome may not necessarily match the landlord’s proposal or the tenant’s expectations. The assessment is based on evidence.
Preparing before serving notice
The most effective way to manage the risk of dispute is preparation.
Before serving a Section 13 notice, landlords should ensure that:
- The proposed rent is supported by current local evidence
- The tenancy timeline meets statutory requirements
- The notice has been completed accurately and served correctly
- Comparable data has been retained
If a challenge arises, having this information readily available can help demonstrate that the increase was reasonable and properly calculated.
Communication can reduce disputes
Clear communication often plays a significant role in preventing escalation.
Explaining the basis of the proposed increase, outlining local market context and providing advance notice of review can help tenants understand the reasoning behind the change.
While a tenant may still choose to challenge, a transparent approach can reduce misunderstandings.
The role of local councils and oversight
Under the Renters’ Rights Act 2025, local councils will have a stronger role in overseeing compliance within the private rented sector. Ensuring that rent increases follow the correct statutory process will therefore be increasingly important.
Accurate records and correct procedure provide reassurance that the increase has been handled properly.
Taking a measured approach from 1 May 2026
Section 13 is designed to provide a clear and transparent structure for rent increases. Disputes are not inevitable, but preparation matters.
From 1 May 2026, landlords who approach rent reviews with evidence, clear documentation and thoughtful communication will be better placed to manage any challenge that arises.
CJ Hole works with landlords to assess rental positioning, prepare statutory notices and ensure documentation is in order before increases are proposed.
If you are considering a rent review and would like guidance on preparing for potential challenges, your local CJ Hole branch can help you plan your next steps carefully.
