United Kingdom · property

Can My Landlord Use a Rent Review Clause Under the Renters' Rights Act in England?

Under the Renters' Rights Act in England, contractual rent review clauses are entirely invalid and unenforceable. Landlords can no longer automatically raise your rent using terms written into your tenancy agreement; instead, they must follow a strict statutory process that gives you the right to challenge unfair increases.

The New Law on Rent Review Clauses in England

Since the core tenancy reforms of the Renters' Rights Act took effect on 1 May 2026, the legal landscape for tenants in England has changed dramatically. If your tenancy agreement contains a contractual rent review clause—such as an annual increase tied to the Retail Prices Index (RPI), Consumer Prices Index (CPI), or a fixed percentage—that clause is now completely null and void.

The Act amended the Housing Act 1988 to make Section 13 the exclusive legal route for rent increases on private assured periodic tenancies. This means landlords are legally prohibited from relying on pre-existing or new review clauses to bypass statutory tenant protections. Any attempt to enforce an automatic contractual hike is an unlawful rent increase.

The Only Lawful Way to Increase Your Rent

Because rent review clauses are dead, your landlord must use the formal Section 13 process to propose any rent hike. For this increase to be valid, they must serve you with a statutory 'Form 4A' notice at least two months before the increase is set to take effect. This notice period was doubled by the Act from the previous one-month requirement.

Furthermore, landlords are strictly limited to proposing a rent increase only once every 12 months. If your landlord sends you an email, text, or a custom letter claiming your rent is going up based on your contract, they are breaking the rules. You do not have to pay an informal or contractual increase.

Your Right to Challenge and Next Steps

If you receive a valid Form 4A and believe the proposed increase exceeds the going market rate for similar properties in your local area, you have the right to challenge it. You can apply to the First-tier Tribunal (Property Chamber) for an initial rent determination before the two-month notice period ends.

Crucially, under the Renters' Rights Act, the Tribunal can no longer set the rent higher than what the landlord originally asked for, completely removing the old risk of a retaliatory hike. If you are facing an unlawful rent increase attempt, you can use Caunsel to research your specific rights, securely save your tenancy agreement and communications in a case file, or connect with an independent property lawyer to step in on your behalf.

Steps

• Check your tenancy agreement and any written demands from your landlord to see if they are trying to enforce an invalid contractual rent review clause.
• Decline the unlawful increase in writing, politely informing your landlord that contractual rent reviews were outlawed in England on 1 May 2026 under the Renters' Rights Act.
• Insist that any rent increase must be proposed using the statutory Form 4A notice, which requires a minimum of two months' notice.
• If they do serve a valid Form 4A but the price is above market value, submit a challenge to the First-tier Tribunal before the notice period expires.

Common mistakes

• Paying the increased amount immediately out of fear, which can be interpreted as implied consent to a new rent level before a formal dispute is raised.
• Believing a rent review clause is still valid just because you signed the tenancy agreement before 1 May 2026; the law nullified these clauses retrospectively.
• Ignoring an invalid rent increase notice instead of disputing it in writing, which might lead to avoidable landlord-tenant friction or legal confusion.

Questions people ask

What happens to the rent review clause in my older Assured Shorthold Tenancy (AST)?

All ASTs automatically converted to Assured Periodic Tenancies on 1 May 2026. Any rent review clauses in those old agreements became completely void and legally unenforceable on that date.

Can my landlord use a standard letter or email to increase my rent?

No. Under the Renters' Rights Act, any rent increase must be served using the official government Form 4A. An email, text, or informal letter is legally invalid and cannot force you to pay more.

What is the notice period for a rent increase under the new rules?

The Renters' Rights Act doubled the statutory notice period under Section 13. Your landlord must now give you at least two months' notice before the new rent can take effect.

General information only, last updated 2026-10-03. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.