Rent Review Clauses Are Void Under the Renters' Rights Act: What Landlords Need to Know

The Old System Is Gone

Before 1 May 2026, landlords in England could include contractual rent review clauses in their tenancy agreements. Common versions included annual percentage increases (3-5% per year), market rent reviews every 6 or 12 months, or RPI-linked escalators. Both parties signed the agreement, and the clause governed how and when rent could change.

That mechanism is now void. The Renters' Rights Act 2025 makes all contractual rent review clauses in existing and new tenancy agreements legally unenforceable from 1 May 2026. It does not matter whether both the landlord and tenant agreed to the clause, whether it was drafted by a solicitor, or whether it was a reasonable figure. The clause cannot be relied on.

What Replaces Contractual Clauses

Section 13 of the Housing Act 1988 is now the only lawful way to increase rent on an assured periodic tenancy. The process requires serving a prescribed form — Form 4A — with strict rules:

Two months' notice. You must give at least two full calendar months' notice before the proposed effective date. There is no shortcut and no way around this, even if the tenant agrees informally to a higher figure.

Once every 12 months. Rent can only be increased once in any 12-month period. If you increased rent on 1 August 2026, the next increase cannot take effect until 1 August 2027 at the earliest. For new tenancies, no increase can take effect in the first 12 months.

Open market rate. The proposed new rent must reflect what the property could reasonably command on the open market. There is no statutory percentage cap, but the tenant can refer the increase to the First-tier Tribunal, which will assess comparable local lettings and set the rent at what it determines to be the market rate. The Tribunal cannot set the rent higher than what you proposed — but it can set it lower.

What Happens to Existing Clauses

If your tenancy agreement contains a rent review clause, the clause simply does not work anymore. The rest of the agreement remains valid — repair obligations, tenant covenants, utility arrangements all survive the periodic conversion. But the rent review mechanism is dead.

This means:

• You cannot enforce a scheduled increase under the old clause
• Any increase made via the old clause after 1 May 2026 has no legal effect
• The tenant can continue paying the pre-increase amount
• To raise the rent, you must start the Section 13 / Form 4A process from scratch

You do not need to formally amend the tenancy agreement to remove the void clause. It is simply unenforceable by operation of law. But some landlords find it cleaner to issue an updated Written Statement of Terms that omits the obsolete clause and references the Section 13 process instead.

Frequently Misunderstood Points

"But my tenant agreed to it in the contract." Agreement does not matter. The statutory override applies regardless of whether the clause was mutually agreed. This is a feature of the legislation, not a gap — Parliament intended to prevent landlords from contracting around the Section 13 framework.

"Can I still agree a rent increase informally?" A mutual agreement on a new rent figure, outside the Form 4A process, does not satisfy the statutory requirements. Even if the tenant agrees to a new rent verbally or by email, the proper Form 4A notice must be served. Without it, the increase is not enforceable, and the tenant could later dispute it or seek a rent repayment.

"What about CPI or RPI indexing?" Index-linked rent review clauses are void on the same basis as any other contractual mechanism. If you previously used RPI to calculate increases, you must now use the Form 4A process with a figure based on open market comparables, not an index.

What to Do Now

If you have a property where rent has not been increased since before 1 May 2026 and the contractual review date has passed:

1. Accept that the old clause cannot be used
2. Research comparable local rents to determine a defensible proposed figure
3. Serve Form 4A with at least 2 full calendar months' notice before the date you want the new rent to start
4. Keep proof of service and retain a copy of the completed form

Our Renters' Rights Act guide for landlords in England covers the full Section 13 process, including how to gather comparable evidence and prepare for a possible Tribunal referral.

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