Wales Rent Increase vs England: Section 123 vs Section 13 Compared
Two Countries, Two Completely Different Systems
Since 1 December 2022, the rent increase process in Wales runs on Section 123 of the Renting Homes (Wales) Act 2016. In England, rent increases on periodic assured tenancies still operate under Section 13 of the Housing Act 1988 (as modified by the Renters' Rights Act). The two systems share almost no common ground.
If you let property on both sides of the border — or if you have moved from managing in England to managing in Wales — applying the wrong rules will invalidate your notice outright.
Side-by-Side Comparison
| Feature | Wales (Section 123) | England (Section 13) |
|---|---|---|
| Governing law | Renting Homes (Wales) Act 2016 | Housing Act 1988 (as amended) |
| Prescribed form | Form RHW12 | Form 4 (Section 13 notice) |
| Minimum notice | Two calendar months | One calendar month (periodic monthly tenancies) |
| Maximum frequency | Once every 12 months | Once every 12 months |
| Tribunal challenge | Only converted contracts (Form RAC4 to the Rent Assessment Committee) | All periodic tenancies (First-tier Tribunal, Property Chamber) |
| Tribunal body | Residential Property Tribunal Wales | First-tier Tribunal (Property Chamber, England) |
| Rent cap | None for private landlords (social housing has a separate Welsh Government formula) | None for private landlords (proposed changes under the Renters' Rights Act do not impose a cap) |
The Three Mistakes That Trip Up Cross-Border Landlords
1. Using an English Section 13 notice in Wales. Form 4 — the English prescribed form — is not valid in Wales. A Section 13 notice served on a Welsh occupation contract has no legal effect, and the contract-holder can continue paying the existing rent.
2. Giving one month's notice instead of two. The English minimum for a monthly periodic tenancy is one month. In Wales, the minimum is always two full calendar months. A notice with one month's notice is defective in Wales.
3. Assuming all tenants can challenge. In England, any periodic tenant can refer a Section 13 notice to the tribunal. In Wales, only contract-holders on converted contracts (pre-December 2022 ASTs) have the right to refer to the Rent Assessment Committee. Newly granted contracts have no tribunal route — the proposed rent takes effect automatically.
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The English Renters' Rights Act Does Not Extend to Wales
Media coverage of the Renters' Rights Act — which bans Section 21 notices and changes Section 13 procedures in England — applies to England only. Welsh occupation contracts are entirely outside the scope of that Act. For Welsh occupation contracts, the Renting Homes (Wales) Act 2016 uses Sections 173 and 186 for possession and Section 123 for rent variations instead of the English Section 13 process.
If you manage properties in both countries, you need two separate compliance workflows — one for English tenancies and one for Welsh occupation contracts.
The Wales Rent Increase Guide covers the Welsh system end to end: the Section 123 process, Form RHW12 completion, service rules and the Rent Assessment Committee pathway.
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