Avoiding Legal Pitfalls: Legally increasing the rent on your rental property.

Raising rent can be a tricky process for landlords, especially self managing landlords who handle everything themselves. If you don’t follow the correct legal steps, you risk disputes, delays, or even losing the right to increase rent. The key is understanding how to serve a section 13 notice properly and staying up to date with current government legislation, including the renters rights bill. This post explains the dangers of getting it wrong and how to avoid common mistakes.

Landlord preparing a section 13 rent increase notice

Why Following the Correct Process Matters

Many landlords think increasing rent is as simple as sending a letter or email. But the law requires strict rules about timing, content, and delivery of the section 13 notice. If you miss a step, the rent increase can be invalidated. This means:

• You cannot enforce the new rent until you serve a valid notice.

• Tenants may challenge the increase, leading to disputes or legal action.

• You risk damaging your relationship with tenants, which can affect tenancy renewals.

  
  

The renters rights bill has introduced more protections for tenants, making it even more important to follow the rules carefully. Self managing landlords especially need to be aware of these changes to avoid costly mistakes.

How to Serve a Section 13 Notice Correctly

The section 13 notice is the official document landlords use to propose a rent increase for an assured shorthold tenancy. Here’s how to do it right:

1. Check When You Can Serve the Notice

You can only serve a section 13 notice if:

• The tenancy is periodic (rolling on a week-by-week or month-by-month basis).

• You have not agreed on a rent increase in the tenancy agreement. (The ability to include a rent increase within the tenancy agreement will be removed when the Renters Rights Bill comes into affect on May 1st)

• At least 12 months have passed since the last rent increase or the start of the tenancy.

  
  

Make sure you time the notice so the increase takes effect after the current rent period ends.

2. Use the Correct Form and Include Required Information

The notice must be in writing and include:

• The tenant’s and landlord’s names.

• The address of the rental property.

• The current rent amount and the proposed new rent. (Check your tenancy agreement, there may be a limit on how much you can increase the by)

• The date the increase will take effect.

• A statement that the tenant can refer the increase to a rent assessment committee if they disagree.

  
  

Using a template designed for section 13 notices helps avoid missing any details.

3. Serve the Notice Properly

You must deliver the notice in a way that the tenant can receive it, such as:

• Handing it to the tenant personally.

• Sending it by post to the tenant’s address.

• Delivering it by email if the tenancy agreement allows.

  
  

Keep proof of delivery, like a signed receipt or recorded delivery, in case you need to show you served the notice correctly.

4. Respect the Notice Period

The tenant must receive the notice at least one month before the proposed increase date. If you serve it too late, the increase cannot take effect on the intended date.

What Happens If You Get It Wrong

Failing to serve a valid section 13 notice can lead to several problems:

• The rent increase is invalid, so you must continue charging the old rent.

• You may lose the right to increase rent again until you serve a valid notice.

• Tenants can refuse to pay the increased rent, leading to disputes.

• You might face delays and extra costs if you need to restart the process.

  
  

For example, a landlord who sent a section 13 notice by email without tenant consent found the notice invalid. The tenant refused the increase, and the landlord had to wait another 12 months before trying again.

How Let My Way Can Help You Avoid These Risks

Managing rent increases manually is stressful and prone to errors. Our system, Let My Way, handles the entire process for you:

• Automatically generates legally compliant section 13 notices.

• Tracks important dates to ensure notices are served on time.

• Provides proof of delivery and stores all documents securely.

• Keeps you updated on changes in legislation, including the renters rights bill.

  
  

This means you can increase rent confidently, avoid legal pitfalls, and focus on managing your properties.

Tips for Self Managing Landlords

If you prefer to handle rent increases yourself, keep these tips in mind:

• Always use the official section 13 notice form or a trusted template.

• Double-check the timing and delivery method.

• Keep clear records of all communications with tenants.

• Stay informed about changes in landlord-tenant laws.

• Consider consulting a legal expert if you’re unsure.

  
  

Following these steps reduces the risk of disputes and helps maintain a good landlord-tenant relationship.