If you click a link with an * to go through to a provider, we may get paid. This usually only happens if you get a product from it. This is what funds our team of journalists, and keeps us free to use. Yet there are two crucial things you need to know about this.
- This never impacts our editorial recommendations – if it's in, it's in there because we independently rate it best.
- You'll always get as good a deal (or better) than if you went direct.
For a more detailed explanation see How MSE is financed.
Rent increases (England)
What are your rights as a tenant? Can you challenge a rent rise?
Rents in England are going up at their fastest rate in over a decade. In this guide, we take you through when your rent can and can't be put up, how to challenge an increase and where to get one-on-one help.
Can you challenge rent rises? Plus renters rights, from repairs and damp, to pets & disputes
This is outside our expertise, but don’t worry, MSE’s founder & chair has got it covered, via his spin-off BBC Not The Martin Lewis Podcast, where he takes on subjects he doesn’t cover, by putting your questions to a team of specialists.
Listen to 'Renters rights June 2024' for free via
BBC Sounds | Apple | Spotify
(transcript available below)
or elsewhere they let you play good (or mediocre) podcasts
It includes details on key topics, with specific information for all four UK nations, including…
- Can you challenge a rent rise?
- What if your property needs repairs or is damp?
- Can your request for a pet be rejected?
- How to deal with letting agents & council landlords
This is the first incarnation of this guide – please feedback if it's helpful or if anything's missing. While every effort's been made to ensure accuracy, it doesn't constitute legal advice tailored to your circumstances.
Thanks to housing solicitors Sarah Cummins and Robin Stewart of Anthony Gold Solicitors LLP for their help.
1. The type of property and your rental contract dictate the rules
When it comes to rent increases, your rights depend on the type of accommodation you're in and the type of tenancy (contract) you have.
Live in social housing and pay rent to your local council or housing association? Rent increases are capped
Social housing rents usually go up once a year in April, in line with inflation. In 2023, the Government capped social rent increases to a maximum of 7% in response to the rising cost of living but then in 2024 they went up to a total of 7.7%.
If you think your rent's been put up by more than 7.7%, contact your social housing provider and ask it to explain the increase. If you're not happy with its response, you can submit a formal complaint – you should be able to find a formal complaints policy on your provider's website. As a last resort, you can also escalate complaints to the free, independent Housing Ombudsman.
Live in private rented accommodation and pay rent to a landlord or letting agent? Check your contract for the rules
Dig out the paperwork – it'll come in handy for this.
Most private tenants have an "assured shorthold tenancy" (AST)
If you rent your home from a private landlord and they don't live with you, you likely have what's known as an assured shorthold tenancy (AST). This gives you certain rights and protections.
An AST is the most common type of rental agreement and most new tenancies are automatically this type. Your written contract should say if it's an AST, often on the front page.
On an AST – do you have a fixed term or rolling contract?
Your rent increase rights depend on whether you're within a fixed term or not:
Fixed term ASTs
Often, your tenancy will start like this – for example, there'll be a fixed term of six, 12 or 24 months beginning on a specific date. Check your tenancy agreement to see when it started and how long it's for.
You have stronger rights during the fixed term of your tenancy – see below for when your rent can rise during the fixed term of an AST.
Rolling or "periodic" ASTs
This is where your tenancy rolls over from one rental period to the next – for example, month to month. You might have agreed to this from the beginning, or it may have come about after the end of your fixed term (either automatically or because you chose it).
In a rolling or periodic tenancy, you're less protected from rent increases, but that doesn't mean you should just accept any proposed rise – see below for when your rent can go up in a rolling AST.
When you might not have an AST
If your tenancy started before 15 January 1989, you probably have what's known as a 'regulated tenancy' rather than an AST. This gives you much stronger rights (for example, your rent can be capped and can normally only go up once every two years).
If you live with your landlord or pay rent to your employer as part of your job, you're also unlikely to have an AST. Depending on your exact circumstances, you may have less protection from eviction if you don't agree to a rent increase.
The exact rules are complicated, so if any of these apply to you it's best to get one-on-one help. If you're still not sure what type of tenancy you have, you can try housing charity Shelter's online checker.
2. Rent increases during a fixed term assured shorthold tenanacy – your rights
During the fixed term of your assured shorthold tenancy, your rent can ONLY be raised if:
- Your existing agreement (contract) allows for a rent increase. This is known as a "rent review" clause and is more common with tenancies lasting more than a year.
OR
- You agree to the increase.
OR
- You start paying the new amount (even if you didn't agree with it). In law, paying the new rent, even just once, is considered agreeing to it and makes you liable for it going forward, regardless of how you feel about it or other actions you take. So if a rent rise has been proposed, consider your options carefully before paying the higher amount. And don't delay or put this off, as falling behind on your rent could lead to you being evicted.
OR
- You sign a new tenancy agreement. For example, when your tenancy agreement ends and you renew for another fixed term or when there is a change to the tenancy agreement that might require a new contract to be put in place.
Here, there is no legal limit on how often or by how much your rent can go up if you agree to it or sign a new agreement – but, crucially, you DON'T have to do so, and you shouldn't be made to feel pressured into it. See what to try if you've been told your rent is rising.
Note: A "section 13" formal rent rise notice CAN'T be used to increase your rent during your fixed term. If you've been served one within your fixed term, it can only take effect after the end of that term. Or it might be invalid altogether – see below for how to challenge a section 13 notice.
3. Rent increases in a rolling assured shorthold tenanacy – your rights
If you're on a rolling or periodic assured shorthold tenancy, your rent can ONLY be raised if:
- You're served a valid "section 13" notice. This is a formal rent rise notification, which can be used to increase your rent without your agreement. However, the proposed new rent shouldn't be higher than the rents for similar properties in the same area. See how to challenge a section 13 notice.
OR
- Your existing agreement (contract) allows for a rent increase. This is known as a "rent review" clause. It's more common in fixed tenancies, but you may still have one in a rolling tenancy. However, if you're on a rolling tenancy because your fixed term ended and your tenancy agreement didn't specify what would happen afterwards (in other words, your rolling tenancy came about by default), any rent review clause no longer applies.
OR
- You agree to the increase.
OR
- You start paying the new amount (even if you didn't agree with it). In law, paying the new rent, even just once, is considered agreeing to it and makes you liable for it going forward, regardless of how you feel about it or other actions you take. So if a rent rise has been proposed, consider your options carefully before paying the higher amount. And don't delay or put this off, as falling behind on your rent could lead to you being evicted.
OR
- You sign a new tenancy agreement. For example, when your tenancy agreement ends and you renew for another fixed term or when there is a change to the tenancy agreement that might require a new contract to be put in place.
Here, there is no legal limit on how often or by how much your rent can go up if you agree to it or sign a new agreement – but, crucially, you DON'T have to do so, and you shouldn't be made to feel pressured into it. See what to try if you've been told your rent is rising.
4. Been served a section 13 rent rise notice? Check it's valid
A section 13 notice is a formal rent rise notification, which can be used to increase your rent without your agreement in certain circumstances.
If you've received a section 13 notice, the first thing to do is check whether it's valid – if it isn’t, the new rent won't apply.
A section 13 notice CANNOT be used and will be automatically invalid if:
- The notice is trying to increase the rent during the fixed term of your tenancy. You can still get a section 13 notice during your fixed term, but the rent can't go up until the fixed term ends.
OR
- Your tenancy agreement has a rent review clause that still applies. In that case, your rent can only go up in line with that rent review clause. However, as set out above, if you moved onto a rolling tenancy by default after your fixed term expired, then the rent review clause will no longer apply – so the section 13 notice could be valid.
OR
- It's been less than a year since the last section 13 notice. These notices can only be used once every year.
Warning: Don't ignore a section 13 notice, even if you disagree with it or think it's invalid.
Not challenging the notice is treated as accepting it in law – so if it turns out to be valid and you don't take action, you'll be liable for the higher rent. Get one-on-one help and respond to your landlord in writing so you have a record of what's happened.
There are other reasons the notice might not be valid. According to charity Citizens Advice, this includes where: the notice has the wrong name or address on it; it hasn't been signed; it's not on the correct form (in most cases this should be Form 4); or where you haven't been given the right amount of notice for the rent increase – this must be at least a month (but could be longer depending on your tenancy agreement).
With this type of error, your landlord can fix the mistake and issue the notice again to make it valid. However, the rent increase cannot be backdated.
How to challenge a valid section 13 notice
If you get a valid section 13 notice and the proposed rent is higher than the rent for similar properties in the same area – and you haven't been able to reach an agreement with your landlord – you have the right to ask a tribunal to review the proposed rent increase before the date the new rent starts.
You can apply to the tribunal using Form 1 on Gov.uk. This is free and you should get a decision within six weeks. In the meantime, you should keep paying your existing rent amount.
However, it's best to think of this as a last resort. That's because the tribunal can decide on a new rent for the tenancy – and while this may be lower or the same as the initial proposed increase, it could also be HIGHER. As a result, going to the tribunal carries a risk.
5. What to do if your rent is lawfully being put up
Of course, what the law says about your rights as a private renter is one thing – what you can do in reality is another. The key thing to stress is:
You're NOT powerless
Here are the steps you can take if you're facing a rent increase:
- Know your rights. Reading this guide is a start – hopefully, it's given you an indication of whether the increase is allowed in the first place.
If you're worried about eviction, need help with repairs or have a concern about the safety of your home, you can check housing charity Shelter's online resources for more info about your renting rights.
- Been served a section 13 formal rent increase notice? Check it's valid. This notice CAN'T be used to increase your rent during the fixed term of an assured shorthold tenancy. And even if you're outside the fixed term (on a rolling or periodic tenancy), it could still be invalid. See our full section 13 info and help.
- Check rents in the surrounding area. See if the new rent your landlord is proposing is in line with rents for similar properties in a similar condition to yours. If not, you have a stronger case to...
- Negotiate. Try to talk to your landlord and see if you can reach an agreement for a lower (or no) increase. After all, evicting you and getting a new tenant in would be a hassle and could cost your landlord fees if they use an agent. If you've been a good tenant (paying the rent on time and taking good care of the property), emphasise that point in the discussion.
If you can't get the increase waived or lowered, you could instead try asking for some of the extra money to be put towards improvements to the property – a more efficient boiler or new carpets, say. Or you could take the opportunity to ask if you can keep a pet.
For more tips on how to approach a rent negotiation, see campaign group Generation Rent's step-by-step checklist.
- Get one-on-one help. This is especially important if you're struggling or feeling pressured into paying more. See where to get help.
Should you agree to a rent increase?
Sometimes, agreeing to a modest, reasonable rent increase could be the best option – or the only realistic one (once you've followed the steps above).
Why? To put it bluntly: if you don't agree to an increase, you could be evicted. That's the problem facing many private renters today in a nutshell.
Under the current rules, if you refuse a rent increase, your landlord can take steps to end your tenancy and evict you – for example, under the section 21 'no fault' eviction process.
You are protected from this if you're within your fixed term (unless your agreement has a "break clause" allowing for the tenancy to be ended early) – but if you're on a rolling tenancy, the risk is unavoidable.
The Government has announced reforms to the private rental sector, which will, among other changes, abolish no fault evictions – but these are yet to come into effect, so we've focused on the current rules for now.
In the meantime, if you get a section 21 notice, don't assume it's watertight – there are lots of reasons it might not be valid and you can challenge it, though you should get one-on-one help first.
6. Where to get one-on-one help
If you're unsure about your rights, or need more support, here's where you can go for free advice (we've listed the options in order based on their specialisms and the number of ways you can contact them):
If you don't feel confident speaking to your landlord or you need help to challenge a rent increase, Citizens Advice can help.
- Phone: 0800 144 8848
- Web chat: Chat to an advisor online
- Opening times: Monday to Friday, 9am to 5pm
Its helplines can be very busy, so you may have to try more than once before you get through.
Housing charity Shelter can advise you on your rights and options if you're dealing with a rent increase.
- Web chat: Chat to an advisor online (its phone line is for people who are homeless or at urgent risk of homelessness)
- Opening times: Monday to Friday, 9am to 5pm
Again, you may have to try more than once before you get through as it can be very busy.
Law centres offer face-to-face legal advice to people in the local area. Some also run telephone advice lines.
You can check if there's one in your area using the Law Centres Network's interactive online map.
Your council should be able to help if your home is unsafe or if you're at risk of an illegal eviction.
Some (sadly not all) councils also have 'tenancy relations' or 'tenancy support' teams for private renters, which may be able to advise you on dealing with a rent increase.
Contact your local council to see what help it can offer.
Been given an eviction notice? Get free legal advice
If you've received a written notice of eviction, you should be able to access free advice from a housing expert through the Government's new service for people at risk of losing their home.
You can find your nearest provider by typing in your postcode and ticking the box 'Housing Loss Prevention Advice Service' on the Gov.uk legal advice search tool.
Have your say in our forum!
Spotted out of date info/broken links? Email: brokenlink@moneysavingexpert.com
Clever ways to calculate your finances