6 months ago | 9 comments
Say your flat’s rent is due to increase on 1 January 2027, and you serve a Section 13 notice on 1 November 2026 (providing the required two months’ notice).
If the tenant contests the increase and the matter goes to the First-tier Tribunal, with a hearing on 1 September 2027, the tribunal may approve the rent increase but allow a 2-month hardship period.
This means the new rent would only take effect from 1 November 2027, two months after the tribunal decision. It cannot be backdated to the originally proposed date of 1 January 2027, which feels unfair, as rents may have risen with inflation by that time.
Since Section 13 can only be used once in any 12-month period, the next notice could not be served until 1 November 2028, giving two months’ notice for a 1 January 2029 increase.
It would then mean that an effective rental increase would happen every 22 months if this pattern is repeated.
Can this be the case?
Thanks,
Edward
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Member Since October 2020 - Comments: 1194
11:14 AM, 3rd December 2025, About 5 months ago
Reply to the comment left by Reluctant Landlord at 02/12/2025 – 19:57
No. As I said, the law has changed. The date the rent increase is effective from will in future be the date the tribunal makes the decision. Statute trumps case law, contract law and common law.
Member Since September 2018 - Comments: 3568 - Articles: 5
12:14 PM, 3rd December 2025, About 5 months ago
Reply to the comment left by DPT at 03/12/2025 – 11:14
I have read up on this again – yep you are right.
Well in that case if the T goes to a tribunal there’s nothing stopping the LL issuing a possession claim….
Member Since October 2020 - Comments: 1194
1:04 PM, 3rd December 2025, About 5 months ago
Reply to the comment left by Reluctant Landlord at 03/12/2025 – 12:14
Yes, you can still serve notice, but with limited grounds, such as selling up or moving in yourself, its really only the nuclear option.