The old rules are gone
Before 1 May 2026, most landlords increased rent through a clause in the fixed-term tenancy agreement. Sign a new contract, agree a new rent, done. That mechanism no longer exists.
Fixed-term tenancies have been abolished under the Renters’ Rights Act 2025. Every tenancy is now a rolling periodic tenancy from day one. And the only legal route to a rent increase is a Section 13 notice.
The new rules: one increase per year, one method
Here’s what now applies to every assured tenancy in England:
- Once per year maximum. You cannot increase rent more than once in any 12-month period.
- Section 13 notice only. You must serve a formal Section 13 notice giving at least two months’ written warning.
- No rent review clauses. Any clause in a tenancy agreement that allows rent to be increased by a different mechanism is void.
- Market rent only. The increase must reflect the open market rent for the property — you cannot factor in the value of improvements the tenant has made.
What happens if your tenant challenges the increase
Your tenant can refer the proposed increase to the First-tier Tribunal (Property Chamber). The fee is just £47 — low enough that many tenants will use it.
The tribunal will determine what the open market rent should be. Crucially, they can set the rent lower than your proposed figure, and even lower than the current rent in some cases. There is no upside for the landlord in a tribunal referral — only downside risk.
This means your proposed increase needs to be defensible from the start. Overshoot and you could end up worse off.
How to get the increase right
For landlords in Guildford, Woking, and Godalming, here’s the practical approach:
- Research comparable rents. Check what similar properties in your area are currently advertised at — not what they achieved 12 months ago.
- Document your evidence. Screenshot listings, note square footage, condition, parking, and proximity to the station. You may need this if the tenant refers.
- Serve the notice correctly. Use the prescribed Section 13 form (Form 4). Give a minimum of two months’ notice. The increase cannot take effect before the 12-month anniversary of the tenancy start or the last increase.
- Be realistic. A modest, well-evidenced increase is far less likely to be challenged than an ambitious one.
What this means in practice
The days of bundling a rent increase into a tenancy renewal are over. You now need to plan increases 12 months ahead, serve formal paperwork, and be prepared to justify the figure.
For Guildford landlords with a managing agent, this should be handled for you — your agent should be tracking market rents, serving notices on time, and advising on defensible figures. If yours isn’t doing this proactively, that’s a gap worth questioning.
Read our full guide to the Renters’ Rights Act for the complete picture of what changed on 1 May 2026: The Renters’ Rights Act explained: a landlord’s guide.
