Rent

Rent Increases Under the New Rules: Notice, Timing and Tribunal Challenges

Rent increases are one of the areas landlords need to approach carefully under the post-1 May 2026 tenancy system.

The Renters’ Rights reforms changed the way assured periodic tenancies operate in England and placed greater emphasis on using the statutory process for increasing rent.

For landlords, the key message is simple: do not assume an old rent-review clause or informal agreement is enough.

How often can rent be increased?

In most cases, rent can only be increased once in any 12-month period.

That means landlords need to keep accurate records of:

  • the current rent;
  • when it was last increased;
  • the date the increase took effect; and
  • the notice used to introduce it.

Portfolio landlords in particular should avoid relying on memory or scattered emails. A central record of rent reviews is increasingly important.

Use the correct statutory procedure

Where the statutory process applies, landlords should use the prescribed notice procedure rather than simply writing to the tenant and stating that the rent will rise from a particular date.

The notice needs to give the tenant sufficient warning before the new rent takes effect.

Landlords should also retain evidence showing when and how the notice was served.

If a letting agent handles rent reviews, ask them to confirm the exact procedure they use and keep a copy of the notice on file.

What should the proposed rent be based on?

A rent increase should be realistic and capable of being justified by the local market.

Landlords should therefore consider evidence such as:

  • rents achieved for comparable properties nearby;
  • similar property size and condition;
  • location and local demand;
  • facilities and furnishings;
  • parking, gardens and other relevant features; and
  • the general state of the local rental market.

Simply choosing a large percentage increase without reference to market evidence can create unnecessary disputes.

Can a tenant challenge the increase?

Yes.

If a tenant believes the proposed rent is above the market level, they may be able to challenge it through the appropriate tribunal process.

This is why landlords should keep evidence supporting the figure they have proposed.

If challenged, the issue is not simply whether the landlord wants a particular rent. The question is more likely to be what rent the property could reasonably command on the open market.

A well-prepared landlord should therefore be able to explain how the proposed rent was reached.

What happens while a challenge is being considered?

Landlords should be careful not to treat a disputed increase as though it has automatically become final.

The statutory process determines when and how the new rent can take effect.

This is another reason why informal rent increases can be risky. A casual email or verbal conversation may not provide the certainty landlords expect if the increase is later challenged.

What about existing rent-review clauses?

Many older tenancy agreements contain clauses allowing the rent to be reviewed annually or by reference to a formula.

Landlords should not assume these clauses automatically override the current statutory framework.

Where the law requires the statutory procedure to be followed, the tenancy agreement should not be treated as a substitute for that process.

This is particularly important for landlords still using documents drafted before the 2026 reforms.

Avoid retaliatory rent increases

A rent increase should not be used as a response to a tenant raising legitimate concerns about repairs, property condition or other rights.

Landlords should separate rent-review decisions from repair complaints and keep clear records showing the basis for any proposed increase.

That helps demonstrate that the decision was based on market conditions rather than retaliation.

What should landlords check now?

A practical rent-review audit should include:

  • the date of the last rent increase;
  • the current market rent for comparable properties;
  • whether the correct notice procedure is being used;
  • whether sufficient notice is being given;
  • whether the tenancy agreement contains outdated wording;
  • whether the letting agent follows the current process; and
  • whether evidence supporting the proposed rent is retained.

Landlords should also make sure accounting systems are updated only when the increase has lawfully taken effect.

How is the position different elsewhere in the UK?

The rules described above apply to England.

Landlords elsewhere should not simply use the same procedure.

Wales operates under the occupation contract system and has its own rules governing rent variation.

Scotland has separate rent-increase procedures for Private Residential Tenancies.

Northern Ireland also has its own legislation and notice requirements.

Landlords with properties across more than one UK nation should therefore use jurisdiction-specific procedures.

A rent increase should be a process, not a surprise

Rising costs may make rent reviews necessary, but landlords still need to follow the correct legal process.

The safest approach is to plan rent reviews in advance, use proper notices, retain supporting evidence and avoid relying on outdated tenancy clauses.

NetRent’s Landlord Legal Updates will continue to explain important changes affecting landlords, letting agents and tenants across the UK.

NetRent also supports landlords with landlord insurance, mortgages and property sales.

Telephone: 01352 721300
Email: support@netrent.co.uk

Important information

NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.

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