ARE YOU COMPLIANT AND FOLLOWING THE NEW RULES FOR TENANCY RENT INCREASES?
Following the implementation of the Renters' Rights Act 2026, a Section 13 Notice is now the prescribed statutory mechanism by which landlords can increase rent during a tenancy.
As many agents will already have experienced, this has led to a significant increase in the number of Section 13 Notices being prepared and served. In turn, it has highlighted the importance of ensuring that notices are served correctly, as an error in service can render a rent increase ineffective and subsequently delay implementation.
How Should a Section 13 Notice Be Served?
At present, there is no prescribed method of service set out within the Housing Act 1988 which expressly dictates how a Section 13 Notice must be delivered to a tenant.
However, current government guidance indicates that a Section 13 Notice may be served:
- In person;
- By post; or
- By email, provided that service by email is permitted under the tenancy agreement.
Whilst service by email may appear to be the most convenient option, agents should exercise caution before relying upon it.
Checking the Tenancy Agreement
Government guidance makes it clear that service by email should only be relied upon where the tenancy agreement expressly permits notices to be served electronically. Before serving a Section 13 Notice via email, agents should therefore review the tenancy agreement carefully to ensure there is a clause authorising electronic service.
Where a tenancy agreement does not contain such a provision, there is a risk that service by email will be challenged as invalid. If successful, this could invalidate the Section 13 Notice and prevent the proposed rent increase from taking effect on the intended date.
Practical Considerations for Managing Agents and Self Managing Landlords
Given the increased reliance on Section 13 Notices following the legislative changes, we would recommend the following:
- Review the tenancy agreement before serving any Section 13 Notice.
- Confirm whether the agreement expressly permits service of notices by email.
- Retain clear evidence of service, including copies of emails, certificates of posting, or attendance notes where notices are hand delivered.
- Where there is any uncertainty regarding electronic service, consider serving the notice by hand and/or post in addition to email as a precautionary measure.
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