No. Since 1 May 2026, rent review clauses in private tenancy agreements in England are of no effect, including clauses in agreements signed before the Act came in. The only lawful route to a rent increase is a Section 13 notice on the prescribed Form 4A.
Raising the rent on a private tenancy in England now runs through one route only: a Section 13 notice. The Renters' Rights Act 2025 did not scrap section 13 of the Housing Act 1988. It amended it, and those changes have been in force since 1 May 2026.[1] The contractual rent review clause is finished.
What does the Renters' Rights Act say about review clauses?
Any term in a private assured tenancy that lets the rent rise on its own is now of no effect. That covers a fixed annual uplift, an index-linked escalator, and a "market review".[2][3] Government guidance puts it plainly:
"rent increases by any other means – such as rent review clauses – will not be permitted."[4]
The amended Section 13 sets out how a rise can happen instead. Rent for a new period cannot exceed the rent for the previous one, unless it goes up through a Section 13 notice on the prescribed Form 4A, a tribunal determination, or a written agreement made after a notice has been served.[3] For a refresher on the notice itself, see What is a Section 13 notice?
Do clauses in agreements signed before 1 May 2026 still apply?
No. The rules cover existing tenancies, not just new ones. Fixed terms converted to periodic tenancies automatically on 1 May 2026, and the amended Section 13 applies to every private assured tenancy in England from that date.[1][4] A review clause in a 2024 agreement counts for no more than one signed in 2026. Both have no effect.
You do not need to redraft anything mid-tenancy. The statute disapplies the clause for you. The work is operational instead. Any increase you had pencilled in under a clause now needs a Form 4A notice, served at least two months ahead and no more than once a year.[5] One transitional exception: a Section 13 notice served before 1 May 2026 continues under the old rules until it is resolved.[1]
Can we still agree an index-linked increase in writing?
No. A CPI or RPI escalator is a rent-increase provision, so the same rule catches it.[2][3] The Act does leave room for a written agreement, but only after a Section 13 notice has been served. Once one has been served, landlord and tenant can agree in writing to vary what it proposed: a rent lower than the figure on the notice, no change at all, or a later start date, never a higher figure. The agreement has to be recorded in writing, or the rent on the notice takes effect regardless.[3][5]
So the order is fixed: serve Form 4A first, negotiate second. Our article on how often rent can be increased covers the 52-week timing rules behind this.
Which tenancies can still use contractual increases?
The change is specific to the private rented sector in England. The amended Section 13 applies to "any assured tenancy other than a relevant low-cost tenancy", which carves out social housing.[3] Social landlords keep Form 4 and contractual increase terms for now, with reforms due to reach the social sector in 2027.[6][7]
| Tenancy | Rent review clause | Route to an increase |
|---|---|---|
| Private assured tenancy (England) | No effect since 1 May 2026[3] | Section 13 notice on Form 4A[6] |
| Private tenancy agreed before 1 May 2026 | No effect, no saving for older agreements[1] | Section 13 notice on Form 4A[6] |
| Social (relevant low-cost) tenancy | Still available for now[3] | Contractual terms or Form 4, pending 2027 reforms[6][7] |
What should letting agents do instead?
Treat the annual Section 13 cycle as the rent review process for your whole managed book. In practice that means tracking the 52-week window (53 weeks in some years, under the anti-drift rule) and rent-period start date for every tenancy, serving Form 4A at least two months before the new rent starts, and holding evidence for the figure in case the tenant refers it to the First-tier Tribunal before the start date.[3][5] Our guide to rent reviews under the Renters' Rights Act walks through the whole process.
Where your portfolio still leans on escalator clauses, find the tenancies whose review dates came from those clauses and plan Form 4A notices around the statutory timing instead. MarketRent enforces the statutory date constraints when you serve a notice. It checks the 52-week rule, the rent-period start date, and the notice length, and blocks invalid dates. For framing the conversation about the figure itself, the Free Rent Indexation Tool gives an indexed reference point from published ONS data, a starting point rather than a valuation.
This article is general information for letting agents in England, not legal advice.
Sources
- The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421)
- Renters' Rights Act 2025, section 6 — legislation.gov.uk
- Housing Act 1988, section 13 (as amended) — legislation.gov.uk
- Guide to the Renters' Rights Act — MHCLG, GOV.UK
- Form 4A — landlord's notice proposing a new rent for assured tenancies in the private rented sector (GOV.UK)
- Assured tenancy forms — GOV.UK
- Implementing the Renters' Rights Act 2025 — our roadmap for reforming the private rented sector (MHCLG)