Rent review clauses after the Renters' Rights Act

A rent review clause in a private assured tenancy in England has had no effect since 1 May 2026. Any term that lets the rent rise other than through a Section 13 notice or a tribunal decision is "of no effect" under section 13(4A) of the Housing Act 1988, so every increase now needs Form 4A.

What happened to rent review clauses on 1 May 2026?

Before the Renters' Rights Act, some tenancy agreements included a clause that raised the rent automatically, for example every year by a fixed amount or in line with an index. Landlords could rely on the clause instead of serving a notice.

From 1 May 2026, for private assured tenancies in England:

• Section 13 is the only route. The rent can't exceed the previous period's rent except by a Section 13 notice (or an agreement made after one), a tribunal decision, or a later written agreement for a rent lower than a tribunal-set rent (s.13(4A)).
• Any other term allowing an increase is of no effect. The clause stays in the paperwork, but it can't raise the rent.
• There's no penalty, just no increase. We haven't found a fine for relying on a clause. The increase simply doesn't happen, and the old rent stays payable.

These rules cover England. Wales, Scotland and Northern Ireland have their own law.

Which rent review clauses are affected?

The test is whether the term lets the rent go up other than through Section 13 or Section 14. If it does, it's of no effect.

Type of clause	Example wording	Effect since 1 May 2026
Index-linked	"The rent will increase each year in line with CPI"	No effect
Fixed uplift	"The rent will rise by £50 a month on each anniversary"	No effect
Stepped rent	"£1,000 in year one, £1,050 in year two"	No effect for the later steps
Landlord's review	"The landlord may review the rent annually on giving notice"	No effect
Market review	"The rent will be reviewed to market rent every two years"	No effect

Even a clause that only sets out a process, like "the landlord may review the rent", can't increase the rent. The landlord must still serve Form 4A.

Increases under a clause before 1 May 2026

The changeover has three rules worth knowing (Renters' Rights Act 2025 Sch 6 para 6; SI 2026/421 reg 7):

1. An increase that took effect before 1 May 2026 stays valid. If your clause raised the rent on 1 April 2026, the new rent is lawful.
2. That increase starts the 52-week clock. A Section 13 notice can't propose a rent starting within 52 weeks of it.
3. An increase agreed before 1 May 2026 but taking effect after it doesn't apply. GOV.UK: "If the increase was agreed before 1 May 2026 but takes effect after 1 May 2026, the increase will not apply."

Example. A monthly tenancy has rent due on the 1st. The clause raised the rent on 1 April 2026. The next increase must use Form 4A, and 52 weeks from 1 April 2026 is 31 March 2027. The earliest start is 1 April 2027, with Form 4A served by 1 February 2027.

Example of a missed increase. A clause said the rent would rise on 15 June 2026. Because that date is after 1 May 2026, the rise didn't happen. To increase, serve Form 4A with a start date at least two months after service, on a rent day, and at least 52 weeks after the last increase that did take effect.

Read how often rent can be increased for more worked dates.

Do you need to change your tenancy agreement?

For existing tenancies, no. In its guidance on the Renters' Rights Act Information Sheet, GOV.UK says "The legislation does not require you to change or re-issue any existing written tenancy agreement." The old clause stays on paper; it just has no effect.

For new tenancies from 1 May 2026, the written statement of terms you must give before the tenancy is agreed has to say that any proposal to increase the rent will be made by a Section 13 notice. Read more about the written statement of terms. If you're unsure how other old clauses are affected, see existing tenancies under the Renters' Rights Act.

What if you've already collected an increase under a clause?

If you charged a clause increase that took effect on or after 1 May 2026, that increase had no effect. The lawful rent is still the old rent.

• Stop charging the increase and correct your rent records.
• Don't treat the unpaid increase as arrears. Possession grounds for arrears count only rent "lawfully due", and an unlawful increase may not count.
• Overpayments. Whether a tenant can recover rent paid under an invalid increase isn't settled in the sources we rely on. Speak to a solicitor about the amount already paid.
• Serve Form 4A properly if you still want an increase.

What to do next

• Replace your old clause with a valid increase: create Form 4A free with a ValidNotice account from the Section 13 notice page.
• Read periodic tenancy rent increases to see how the rest of the process works now that every tenancy is periodic.