Why a rent increase might be held up by Renters’ Rights Act?

Section 13 can be issued every 12months not every 22 months but unfortunately the Labour government has baked in the rent cap via the back door. David Smith housing lawyer calls it rent suppression.

Only way round it is to issue a section 13 then send the tenants an email to say you are willing to accept a lower rent of xyz- ££/month because they have been brilliant tenants/ taken care of the place blah blah and if they accept that then they can’t challenge that agreed rent as it is below section 13 rate so you save yourself delayed rent increase/grief

Poppycook is not bothered about backlogs in FTT as clearly they are not bothered about section 21/8 court delays.

S13 can be issued annually. Irrespective of IF the T goes to tribunal or WHEN the decision is made.

So using the same dates, you serve Section 13 notice on 1 November 2026 (providing the required two months’ notice). Whatever the outcome of this claim by the T, has no effect on the validity of the next S13 issued on 1 Nov 2027 (giving the same 2 months notice)

The rent tribunal process is completely separate to the S13 process. It is not mandated that T has to make a claim to the tribunal when they receive a S13.

The other thing is, when the tribunal make the decision on the Nov 2026 rent increase, if they do say the rental increase is just and apply it but 6 months later, there is nothing stopping you issuing a first letter before action to the T for the missing first 6 months rent increase monies. The tribunal found the increase just and non payment of rent is a tenancy breach in itself.

To get round all of this, I intend to send my T’s a full list of comparable market rent properties at the time, and all evidence to show why the rent increase is justified. Even get a few emails from agents with rent expectations (on the basis if the property was let on the open market the day you issued the rent increase).

Don’t forget T is also going to have to provide the same if they make a claim because they are trying to show that the rent increase is ABOVE market rate – the rent tribunal is only going to look at what is send in, they wont have time to do the research themselves (plus could be 6 months further on by that point so rent probably have risen again anyway).

There is nothing stopping you issuing a S13 notice in Nov 2027 and doing the same as above or issuing a S8 for rent arrears with the exact reason that a rent increase was found by a FTT to be justified, but that the T still refused to pay it.

Also.
I don’t believe thst the 2 months notice is a maximum.
My plan is to ‘bake in’ a delayed government system and issue first s13s say 4 months out.
The possible shortfall will balance out over time.

The first increase could take 2 years, but after that you would get an increase every year. Its just that it would be last years increase.

Reply to the comment left by DPT at 02/12/2025 – 10:50
nothing stopping you issuing a ‘letter before action’ for rent arrears for any rent owed between when the rent increase notice was in effect ( from the date after the 2 months notice) up to the date the tribunal made the decision, especially if the decision is that the rent increase was justified by the tribunal.

Plus you can add in interest for late payment.

Aspinall v Aspinall [1961] 2 All ER 751 (also reported as Re Aspinall, Aspinall v Aspinall [1961] Ch. 526) is a UK property law case concerning the timing of rent payments and the application of equitable principles in landlord and tenant relationships.

Reply to the comment left by Reluctant Landlord at 02/12/2025 – 12:48
The Renters Rights Act changes the law so that the rent increase, if challenged at the Tribunal, only takes effect from the date of their decision. Therefore there would be no gap.

I want to sell but I don’t want to seek possession because I like my tenants.

If one of them takes a Section 13 to tribunal, they will be issued with a Section 8 Ground 1A.

Reply to the comment left by Cider Drinker at 02/12/2025 – 18:27
would they cry retaliatory eviction?

Reply to the comment left by DPT at 02/12/2025 – 16:45
the gap is between the date that the rent increase was effective from and the date when the tribunal decision was made. Could be weeks – could be months. (likely months if tenants free to challenge and nothing to loose….)