Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
The Renters’ Rights Act 2025 significantly changes the way rent can be increased in a private tenancy. Contractual rent review clauses become unenforceable, the permissible frequency of increases is restricted, and the statutory process for serving a valid rent increase notice changes. Whether you are a landlord who needs to keep rent in line with the market or a tenant who has received a notice of increase that you consider too high, understanding the new rules is important.
One Increase Per Year
From 1 May 2026, the rent in an Assured Periodic Tenancy can be increased only once in any 12-month period. This applies regardless of what the tenancy agreement says. A clause purporting to allow more frequent increases is unenforceable from that date.
The Form 4A Process
Every rent increase must be made using the Section 13 statutory process with the new prescribed Form 4A, which was published in draft by the Government in March 2026 with the final version available from 1 May 2026. The landlord must serve the form on the tenant with at least two months’ written notice before the proposed increase date. The form must clearly state the current rent, the proposed new rent, and the date from which the new rent is to take effect. It must be served correctly, whether by post, hand, or electronic communication if the tenancy agreement permits that.
Contractual rent review clauses, including those tied to the Retail Prices Index, the Consumer Prices Index, or any fixed percentage, are unenforceable from 1 May 2026. Even if your existing tenancy agreement contains such a clause, you cannot rely on it. Every increase must go through the Form 4A process.
Challenging a Rent Increase
A tenant who receives a Form 4A notice and considers the proposed increase to be above the market rent for the property can apply to the First-tier Tribunal Property Chamber for an assessment of the market rent. The application must be made before the proposed increase date. Once made, the increase is suspended pending the tribunal’s determination.
An important change introduced by the Act addresses a concern that had been raised during the parliamentary debates. The tribunal’s determination will be the lower of the open market rent and the rent proposed by the landlord. This means the tribunal cannot set the rent at a level higher than the landlord proposed. Tenants no longer face the risk that challenging an increase will leave them worse off than if they had not challenged it, which had been a significant deterrent to using the tribunal process under the old rules.
Voluntary Agreements
Nothing prevents a landlord and tenant from agreeing a rent increase voluntarily without going through the formal Form 4A process. However, any such agreed increase still counts as the one permissible increase in the 12-month period, and the landlord cannot then also serve a Form 4A notice for a further increase within 12 months of the agreed one.
If you have received a rent increase notice and are not sure whether it is valid, or if you are a landlord who wants advice on the correct process, our housing law team in Eastbourne and Battle can help.
If you are a landlord or tenant in East Sussex and would like advice on how the Renters' Rights Act affects your situation, we would be happy to help. Cramp & Mullaney LLP has offices in Eastbourne at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and in Battle at 42A High Street, Battle, East Sussex, TN33 0EA. You can call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation and act for both landlords and tenants across East Sussex and the wider South East.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
