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A question that is starting to arise is what happens where a landlord and tenant agree on a rent increase before 1 May 2026, but the increased rent is not due to start until after 1 May 2026.
Our view is that landlords and agents should not rely on that agreement alone.
The safer reading of the Renters’ Rights Act 2025 is that, once 1 May 2026 has passed, the higher rent for a later period must be justified under the new section 13 regime. If the increase first takes effect after commencement, there is a real risk that a simple pre-commencement agreement will not be enough.
Under the new law, section 13 becomes the main route for increasing rent in the private rented sector. The legislation is deliberately restrictive. New section 13(4A) (as inserted by section 6 RRA 2025) says:
“The rent for a period of an assured tenancy … may not be greater than the rent for the previous period”
except through the routes then listed.
That means a higher rent after commencement must usually come through the statutory section 13 process, a tribunal determination, or a limited follow-on agreement following tribunal involvement. The Act is designed to stop rent increases being imposed by other routes, such as ordinary rent review clauses or informal side agreements.
Schedule 6 paragraph 6 says the amendments made by section 6 do not affect the validity of:
“any increase in rent … before the commencement date”
where the increase was made in reliance on a provision that was binding on the tenant and under which rent for a later period would or might be greater.
At first glance, that may look as though any clause already in the tenancy is safe. But that is not how we read it.
The better reading is that paragraph 6 protects increases that actually took effect before commencement. It does not obviously preserve a clause-based or agreed increase that only first bites after 1 May 2026 merely because the clause, or the parties’ agreement, was valid beforehand.
That wording is important. Parliament did not say that any pre-existing rent review clause survives. It said the amendments do not affect the validity of a rent increase before commencement.
The current GOV.UK rent increase guidance expressly confirms that, if a landlord served old Form 4 before 1 May 2026, the increase:
“will still apply, even if the new rent starts after that date”
That is a clear saving for the old statutory notice route.
However, the same guidance also says that any rent increase agreed before 1 May 2026 under a rent review clause, but taking effect after 1 May 2026:
“will not be permitted”
The same principle of not being permitted would also apply to an agreement to increase the rent after 1 May.
That is not the law itself, and government guidance has been wrong before. But it is still telling. It matches the cautious reading of the legislation.
If a landlord served a valid old Form 4 before 1 May 2026 and the new rent starts afterwards, that increase should still stand.
If a tenancy contains a rent review clause, and the increase actually took effect before 1 May 2026, paragraph 6 should preserve it.
But if the landlord is relying on a rent review clause or a simple written agreement made before 1 May 2026 and the higher rent only starts after that date, our view is that the increase is vulnerable.
If, before 1 May 2026, the parties agree a genuine, brand-new tenancy at a higher rent, with that new tenancy beginning after 1 May 2026, that is different from a simple agreed rent increase under the existing tenancy. On that footing, the new tenancy can probably begin at the new rent. But the new tenancy must be real. If the old tenancy is not truly surrendered and regranted (another term for a renewal tenancy), and the “new tenancy” is only a relabelled variation of the existing one, that does not cure the problem. It must be a full tenancy, including all the required documents.
The same principle applies to new tenancies granted after 1 May 2026 (for example, a renewal tenancy in June 2026 at a higher rent). A genuine new tenancy resets the rent periods; the starting rent has no "previous period" to compare against.
However, from 1 May 2026, the tenant can challenge the initial rent of any new tenancy via a tribunal within six months under the new s.14(A1), whether the tenancy was entered into before or after 1 May.
Even where a genuine new tenancy is possible, it is often not the best practical solution. The main downside is that a new tenancy restarts the clock. In particular, the 12-month period for certain possession grounds, such as 1 and 1A (moving in and selling), will run from the start of the new tenancy, not the original one. That may be a serious disadvantage later. Furthermore, now that we are so close, we would prefer any tenancies taking effect from 1 May to be the new-style tenancies for consistency and ease of use under the new regime (students excepted, as they have already been completed in the main). A new tenancy starting in March/April is fine. It might be better to wait until 1 May and then consider issuing the new-style tenancies if you really want to (although there isn't any need).
So, where section 13 is available, the better course will usually be to keep the existing tenancy in place and use the statutory route to increase the rent.
If the increase is intended to begin on or after 1 May 2026, do not rely on an informal agreement alone.
Even relying on a tenancy provision may not work unless the increase actually took effect before commencement.
The safer course is to use the statutory section 13 procedure.