What Are Your Rights During a Rent Review?

Rent review is a key part of many residential tenancies in England and Wales, especially for assured and assured shorthold tenancies. It determines when and how your rent can be increased. This article explains your rights, the legal rules landlords must follow, and practical steps you can take if you receive a proposed rent increase. It covers current law and how future reforms will change the process. The guide is written for tenants, students, and solicitors seeking accurate information on rent review rights.

Introduction

A rent review is the process through which a landlord proposes an increase in the rent you pay. In England and Wales, tenants have legal protections governing how and when rent can be reviewed, particularly where rent increases are initiated by landlords. These protections aim to prevent unlawful or unexpected rent hikes and give tenants a path to dispute increases that are not fair or compliant with statutory rules. Knowing your rights during a rent review helps you take informed action and protects you from inappropriate demands.

Understanding the Rent Review Process

Your rights during a rent review depend on the type of tenancy you have and the terms of your agreement. The most common scenarios are:

Assured and Assured Shorthold Tenancies

For most private rented tenants in England and Wales, rent review rights derive from the Housing Act 1988. Under current law:

• A landlord must serve a formal Section 13 notice (Prescribed Form 4) to increase the rent on a periodic tenancy (rolling contract after a fixed term).
• A landlord cannot increase the rent within the first 12 months of a periodic tenancy under this process.
• Section 13 notices can only be used once every 52 weeks for the same tenancy.

A rent review clause in your contract can also allow increases, but such clauses must be clear, precise, and contain the mechanism for review.

Notice Requirements and Validity

Landlords must follow strict rules for rent review notices:

• A Section 13 rent increase notice must be served in the correct prescribed form.
• It must give sufficient notice: for monthly rent, at least one month.
• The proposed new rent must take effect at the start of a rental period.

If a landlord fails to meet these requirements, the notice may be invalid, and you may be able to challenge it. However, only a court or tribunal can definitively rule on validity.

Rights to Challenge a Rent Increase

If you receive a valid rent review notice but believe the new rent is too high, you have the right to challenge it through an independent body:

First‑Tier Tribunal (Property Chamber) – England

• You can apply to the First‑Tier Tribunal (Property Chamber) to have the rent set at a lawful market level instead of the proposed amount.
• Tribunal applications must be made before the notice expires.
• The tribunal will consider evidence of comparable rents in the local market and other relevant factors to set an appropriate rent.

Residential Property Tribunal – Wales

• In Wales, rent review disputes are dealt with by the Residential Property Tribunal Wales (specifically, its Rent Assessment Committee).
• Landlords must use Form RHW12 (Notice of Variation of Rent) for any increase, and tenants have rights to challenge this notice if it is incorrect or unfair.

Current Limitations and Protections

While tenants have rights to challenge increases, there are some practical considerations under the current regime:

• A tribunal can set a rent that is higher than the landlord's proposal if market evidence supports it (though reforms planned for May 2026 will change this) and backdate the new rent to the start of the notice period.
• If you challenge a rent increase but continue to pay the existing rent, you should save any additional amount until the dispute is resolved.
• If you pay the increased rent without dispute, this may amount to acceptance of the new terms.

The Renters' Rights Act and Future Changes

From 1 May 2026, the Renters' Rights Act will reform how rent reviews operate in England:

• Rent increases will be limited to once yearly.
• Landlords must use the Section 13 process for all increases; rent review clauses will no longer be effective.
• Tribunals will not be able to set a rent higher than the landlord's proposal.
• Rent increases will take effect from the date of the tribunal decision, reducing financial risk to tenants.

These reforms strengthen tenants' rights by creating clearer procedures and lowering barriers to challenging rent increases.

Practical Steps During a Rent Review

Whether under current law or after the upcoming reform, tenants should:

1. Review your tenancy agreement to understand any rent review clause.
2. Check the notice for correctness, including dates, amounts and forms used.
3. Communicate with your landlord in writing if you believe the notice is invalid or unclear.
4. Prepare evidence of comparable local rents if you plan to challenge the proposed increase.
5. Apply to the appropriate tribunal before the notice expires if you wish to dispute the amount.
6. Continue paying lawful rent while a dispute is ongoing to avoid arrears.

Key Takeaways

Your rights during a rent review in England and Wales include:

• Receiving proper written notice of any proposed increase;
• Challenging inadequate, invalid or unfair increases through a tribunal;
• Knowing that future reforms will strengthen tenant protections, limit increases to once a year, and improve tribunal procedures;
• Understanding that rent review clauses in contracts currently may govern increases, but will be limited by law from May 2026.

Being informed helps you respond effectively to rent review notices and protects your rights as a tenant.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.