How to Serve a Section 13 Notice: Complete Step-by-Step Guide (2026)

What is a Section 13 Notice?

A Section 13 notice is a formal rent increase notice for periodic assured shorthold tenancies. It uses the prescribed Form 4 to notify tenants of a proposed rent increase. The tenant then has 28 days to either accept the new rent or refer the increase to the First-tier Tribunal (Property Chamber) to challenge it.

Section 13 can only be used once every 12 months, and the proposed rent must reflect market rates. If the tenant refers the increase to a tribunal, the tribunal will determine what the market rent should be - which could be higher, lower, or the same as your proposal.

When Can You Use Section 13?

Section 13 applies to periodic assured shorthold tenancies only. You cannot use it during a fixed term. If your tenant is still in their fixed term, you must wait until it expires and the tenancy becomes periodic (rolling monthly or weekly).

You can only increase rent using Section 13 once every 12 months. The 12-month period starts from:

• The date the tenancy began, or
• The date of the last rent increase (whether via Section 13 or by agreement), or
• The first day of the first period of the tenancy if rent was previously increased

If you're still in a fixed term or haven't waited 12 months, you cannot use Section 13. Instead, you'd need to negotiate a rent increase by mutual agreement with the tenant.

Complete Step-by-Step Guide to Serving Section 13

Step 1: Check when you last increased rent

You can only use Section 13 once every 12 months. Check when the rent last increased - this could be when the tenancy started, when the last Section 13 increase took effect, or when you and the tenant agreed to a rent increase.

If it's been less than 12 months, you must wait. Serving a Section 13 notice too early makes it invalid. The tenant is not obligated to pay the increase, and you'd need to start again once the 12-month period has passed.

If you're unsure of the exact date, check your tenancy agreement, rent ledger, or bank statements showing when the current rent amount first appeared.

Step 2: Research comparable market rents

Before proposing a new figure, research what similar properties rent for locally. This is crucial because if the tenant refers your increase to a tribunal, the tribunal will determine the market rent for your property.

How to research market rents:

• Search Rightmove and Zoopla for similar properties (same number of bedrooms, similar location, comparable condition)
• Check local letting agent listings and window displays
• Look at recent lets, not asking prices - completed rentals are more accurate
• Consider property condition, furnishings, parking, and outdoor space
• Screenshot or print comparables as evidence in case of tribunal referral

Proposing a rent significantly above market rate increases the likelihood of a tribunal referral. Tribunals will determine a "market rent" based on comparables - which could be lower than your proposal. Keep your increase reasonable and evidence-based.

Step 3: Download Form 4 from gov.uk

Form 4 ("Landlord's notice proposing a new rent under an assured periodic tenancy") is the prescribed form for Section 13 rent increases. You must use this form - a letter or homemade template won't work.

Download the latest version from gov.uk assured tenancy forms. Always use the current version - outdated forms can be challenged.

Alternatively, use the LandlordOS Section 13 generator to create a compliant Form 4 automatically.

Step 4: Complete all sections accurately

Form 4 requires specific information. Complete every section accurately:

• Landlord details: Your full name and address (use the address where legal correspondence should be sent)
• Tenant names: All named tenants exactly as they appear on the tenancy agreement
• Property address: Full address of the rental property
• Current rent: The rent currently payable
• Proposed new rent: Your proposed rent amount
• Effective date: The date the new rent takes effect (see timing requirements below)
• Payment frequency: Weekly, monthly, quarterly, etc.

Getting the effective date right: The new rent cannot take effect until at least one month (or one rental period if longer) after the date you serve the notice. For monthly tenancies, serve at least one month before. For quarterly tenancies, serve at least three months before.

Step 5: Calculate the correct notice period

The minimum notice period depends on your tenancy's payment frequency:

• Monthly tenancies: 1 month minimum
• Quarterly tenancies: 3 months minimum
• Yearly tenancies: 6 months minimum
• Weekly tenancies: 1 month minimum (not one week)

The notice period starts from the date the tenant receives the notice, not the date you post it. If you serve by post, add 2 working days for delivery unless you have proof of earlier receipt.

The increase must also take effect on the first day of a rental period. If rent is due on the 1st of each month, the increase must take effect on the 1st of a month, not mid-month.

Step 6: Serve on all named tenants

Every person named on the tenancy agreement must receive their own copy of the Form 4. If there are joint tenants (e.g., a couple), you must serve both of them individually. Giving the notice to one joint tenant does not satisfy the legal requirement.

Acceptable service methods:

• Hand delivery: Deliver in person and get a signed acknowledgment of receipt. This is the most secure method.
• Recorded delivery post: Send via Royal Mail Signed For or Special Delivery. Keep the receipt and tracking information.
• First-class post: Legally acceptable but provides no proof of delivery. Service is deemed complete 2 working days after posting.
• Email: Only if the tenant has explicitly agreed in writing to accept notices electronically. Keep the email thread as proof.

If serving by post, address each tenant individually. For joint tenants at the same property, send separate envelopes to "Tenant 1 Name" and "Tenant 2 Name" at the property address.

Step 7: Keep proof of service

Proof of service is critical if the tenant disputes receiving the notice or claims it was served late. Retain:

• Recorded delivery or Special Delivery receipts with tracking numbers
• Signed acknowledgment of receipt (if hand-delivered)
• Email delivery confirmation and read receipts (if served electronically)
• Photographs of the notice being posted through the letterbox (if using ordinary post)
• A copy of the completed Form 4 showing the effective date

Store this evidence safely. If the tenant refers the increase to a tribunal or disputes the new rent, you'll need to prove you served the notice correctly and on time.

Step 8: Wait for tenant response (28 days)

After receiving the notice, the tenant has 28 days to refer the increase to the First-tier Tribunal (Property Chamber). During this period, the tenant can:

• Accept the increase: Do nothing and pay the new rent from the effective date
• Refer to tribunal: Challenge the increase by applying to the First-tier Tribunal
• Negotiate: Contact you to discuss a lower increase (you can agree voluntarily)

If the tenant refers to a tribunal, they must do so before the effective date stated in your Form 4. Late referrals are not accepted.

What happens at tribunal: The tribunal will inspect the property and assess comparable rents in the area. They'll determine the market rent, which could be higher, lower, or the same as your proposal. Both parties can submit evidence. The tribunal's decision is binding.

Step 9: New rent applies from stated date

If the tenant does not refer the increase to a tribunal within 28 days, the new rent applies automatically from the effective date stated on your Form 4. The tenant is legally obligated to pay the increased amount.

If the tenant continues paying the old rent, they are accruing arrears. You can pursue rent arrears through normal processes, including serving a Section 8 notice using Ground 8, 10, or 11 if the arrears are significant.

If a tribunal determination is made, the rent they set applies from the date stated in their decision (usually from the effective date in your original Form 4, but sometimes later).

Section 13 Timeline: What to Expect

Common Mistakes to Avoid When Serving Section 13

1. Serving the notice too soon (within 12 months)

The most common error is serving a Section 13 notice before 12 months have passed since the last rent increase. This makes the notice invalid. Always check your records before serving.

2. Using the wrong effective date

The effective date must be at least one month (or one rental period) from the date of service, and must fall on the first day of a rental period. If rent is due on the 5th of each month, the increase must take effect on the 5th of a month.

3. Not serving all joint tenants

If there are multiple tenants named on the agreement, all of them must receive the notice individually. Serving just one joint tenant is not sufficient and invalidates the notice.

4. Using an outdated or incorrect form

Always use the current version of Form 4 from gov.uk. Homemade letters or old versions of the form are not legally valid.

5. Proposing an unreasonable rent increase

Proposing a rent significantly above market rate increases the chance of a tribunal referral. If the tribunal finds your proposed rent is too high, they may set a lower rent than you hoped for.

6. No proof of service

Failing to keep proof of when and how you served the notice can cause problems if the tenant disputes service. Always use tracked delivery or get a signed receipt.

7. Trying to use Section 13 during a fixed term

Section 13 only works on periodic tenancies. If your tenant is still in a fixed term, you cannot use Section 13 - you must wait until the fixed term ends or negotiate an increase by agreement.

8. Serving the notice too close to the deadline

Serving with exactly one month's notice leaves no margin for error. If service is disputed or delayed, your effective date may be invalid. Aim for 6-8 weeks notice to be safe.

Frequently Asked Questions About Serving Section 13 Notices

How do I serve a Section 13 notice to my tenant?

To serve a Section 13 notice, complete Form 4 with your details, the tenant's details, current rent, proposed new rent, and the effective date (at least one month away). Serve a copy on every named tenant using recorded delivery post, hand delivery with signed receipt, or email if previously agreed. Keep proof of service.

What is the Section 13 procedure for rent increases?

The Section 13 procedure involves: (1) confirming 12 months have passed since the last rent increase, (2) completing Form 4, (3) serving it on all tenants with appropriate notice (minimum 1 month for monthly tenancies), (4) waiting 28 days for tenant response, and (5) implementing the new rent if no tribunal referral is made.

How much notice do I need to give for a Section 13 rent increase?

You must give at least one month's notice for monthly tenancies, or one rental period (whichever is longer). For quarterly tenancies, give 3 months notice. For yearly tenancies, give 6 months notice. The increase must take effect on the first day of a rental period.

Can I serve a Section 13 notice by email?

Yes, but only if the tenant has previously agreed in writing to accept notices electronically. If they haven't explicitly agreed, use recorded delivery post or hand delivery instead. Always keep proof of delivery, such as read receipts for emails.

What happens if my tenant doesn't pay the increased rent after Section 13?

If the tenant does not refer the increase to a tribunal within 28 days, the new rent applies automatically from the effective date. If the tenant fails to pay, they are in arrears. You can pursue rent arrears through normal processes, including serving a Section 8 notice for rent arrears (Grounds 8, 10, or 11).

How often can I increase rent using Section 13?

You can only use Section 13 once every 12 months. The 12-month period starts from the date of the last rent increase (or from the start of the tenancy if this is the first increase). Attempting to serve a Section 13 notice earlier makes it invalid.

Can I use Section 13 during a fixed-term tenancy?

No. Section 13 can only be used on periodic (rolling) tenancies. If your tenant is still in a fixed term, you cannot use Section 13. You must either wait until the fixed term expires and the tenancy becomes periodic, or negotiate a rent increase by mutual agreement with the tenant.

What is Form 4 and where do I get it?

Form 4 is the prescribed form for Section 13 rent increase notices under the Housing Act 1988. It's titled "Landlord's notice proposing a new rent under an assured periodic tenancy". Download the latest version from gov.uk or use the LandlordOS Section 13 generator.

Do I need to serve all joint tenants individually?

Yes. If there are multiple tenants named on the tenancy agreement, you must serve each one with their own copy of Form 4. Serving just one joint tenant does not satisfy the legal requirement. Each tenant should receive the notice by the same method (e.g., all by recorded delivery).

Can the tenant challenge my Section 13 rent increase?

Yes. The tenant has 28 days from receiving the notice to refer the increase to the First-tier Tribunal (Property Chamber). The tribunal will assess whether your proposed rent reflects market rates. They can set the rent at a higher, lower, or the same level as your proposal. The tribunal's decision is binding on both parties.

Section 13 in 2026: What You Need to Know

The Renters' Rights Act 2025 (Royal Assent 27 October 2025) introduces significant changes to the private rental sector, but Section 13 rent increase procedures remain unchanged. You can continue to use Form 4 to increase rent on periodic tenancies, following the same rules.

Key points for 2026:

• Section 21 abolished from 1 May 2026: No-fault evictions are banned, but this does not affect Section 13 rent increases. You can still increase rent using Section 13, but you cannot use Section 21 to evict if the tenant refuses.
• Rent increase frequency: The once-per-year limit remains in place. You can propose increases more frequently only by mutual agreement.
• Tribunal referrals: Tenants retain the right to challenge increases. With Section 21 abolished, tenants may be more willing to challenge increases as they cannot be evicted without grounds.
• Market rent considerations: Tribunals assess market rates based on comparable properties. Keep your increases reasonable and evidence-based to avoid tribunal challenges.

With Section 21 abolished from 1 May 2026, landlords should maintain good tenant relationships and propose fair rent increases. If a tenant refuses to pay after a valid Section 13 increase, you can use Section 8 eviction for rent arrears, but this requires following the correct procedure and potentially waiting for arrears to accumulate.

Related Tools and Resources

• Section 13 Notice Generator - Create a compliant Form 4 in minutes
• Download Section 13 Form 4 - Get the latest prescribed form
• Section 13 Rent Increase Guide - Complete overview of Section 13 rules
• Notice Period Calculator - Calculate exact notice requirements
• Section 8 Eviction Guide - What to do if rent isn't paid
• Renters' Rights Act 2025 Guide - Understand the 2026 changes