Section 13 Rent Increases and First-tier Tribunal Challenges — Landlord Guide 2026

Is your social housing portfolio ready for the 2026 rent increase changes? Starting 1 May 2026, landlords can only raise rents on Periodic Assured Tenancies using a Section 13 notice (Form 4A) — and tenants now have the right to challenge proposed increases at the First-tier Tribunal. This comprehensive guide breaks down exactly what housing professionals need to know to navigate these changes successfully.

Understanding the Section 13 Rent Increase Process

The Section 13 notice (Form 4A) becomes the exclusive method for increasing rents on Periodic Assured Tenancies from May 2026. This represents a significant change from current practice where landlords might have used alternative methods like contractual terms.

Key facts about Section 13 notices:

• Must give tenants at least one month's notice (for weekly/monthly tenancies)
• Require three months' notice for yearly tenancies
• Can only be used once every 12 months
• Must use the prescribed Form 4A format

For housing associations managing large portfolios, this change means reviewing all tenancy agreements and ensuring your rent increase processes are fully compliant. Our resources section includes template documents to help with this transition.

When Tenants Challenge Rent Increases: The Tribunal Process

The most significant change is that tenants now have a statutory right to challenge proposed rent increases at the First-tier Tribunal (Property Chamber). This mirrors the process already in place for assured shorthold tenancies.

How Tribunals Determine "Market Rent"

When assessing a rent increase challenge, tribunals will consider:

• Comparable rents for similar properties in the area
• The condition and amenities of the property
• Any services provided by the landlord
• Local housing allowance rates where applicable

According to government guidance, tribunals must disregard any "personal circumstances" of the tenant when making their determination.

Preparing a Strong Case for Rent Increases

For housing professionals, the key to successful rent increases lies in thorough preparation:

1. Gather Robust Comparable Evidence

Collect data on at least 3-5 similar properties in the immediate area. Include details like:

• Property size and configuration
• Condition and age of the property
• Any included services or facilities
• Recent rental valuations

2. Document Property Condition Thoroughly

Maintain comprehensive records including:

• Recent property inspections
• Repair histories
• Photographic evidence of condition
• Any improvement works carried out

Our service providers directory can help you find qualified surveyors and inventory clerks to support this process.

3. Consider Local Housing Market Factors

Be prepared to explain how your proposed increase reflects:

• Local rental market trends
• Changes in maintenance costs
• Any additional services provided
• Investment in property improvements

Special Considerations for Supported Housing

For supported housing providers, tribunals may consider the additional costs of providing support services when assessing rent levels. However, you'll need to clearly demonstrate:

• The direct link between support services and accommodation costs
• How these services differ from standard housing provision
• That charges are reasonable and proportionate

The National Statement of Expectations for Supported Housing provides useful guidance on these issues.

Key Takeaways for Housing Professionals

As we approach the 2026 changes, social housing providers should:

1. Review all periodic tenancy agreements to identify those affected
2. Update rent increase policies and procedures to comply with Section 13 requirements
3. Develop robust evidence-gathering processes for tribunal cases
4. Train staff on the new processes and potential challenges
5. Consider early engagement with tenants about planned increases

For housing associations managing large portfolios, this may require significant operational changes. Our blog regularly covers updates on housing policy changes affecting social landlords.

Conclusion: Preparing for the 2026 Changes

The new Section 13 requirements and tribunal challenge process represent a fundamental shift in how rent increases are managed for periodic tenancies. While this creates additional administrative burdens for landlords, it also presents an opportunity to review and strengthen your rent setting processes.

By preparing comprehensive evidence, understanding how tribunals assess "market rent", and engaging proactively with tenants, social housing providers can navigate these changes successfully while maintaining positive tenant relationships.