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We've already established that if you want to notify an increase before 1 May 2026, which takes effect on or after 1 May, that can not be done by "agreement" with the tenant. The best route to take from now is a section 13 notice. However, we are seeing a number of questions asking about a new tenancy entered into before 1 May that takes effect on or after 1 May. That's increasing the rent by "agreement", but it's also a "new" tenancy, so is this possible? This article answers that question.
Section 13(4A) of the Housing Act 1988 (inserted by section 6 of the Renters' Rights Act 2025) restricts rent increases from 1 May 2026 onward. A rent increase within an existing tenancy requires a section 13 notice, tribunal determination, or a narrow follow-on agreement for a lower rent.
This rule applies only within a tenancy. When a tenancy genuinely ends, and a new one begins, the rent periods reset. The first period of a brand-new tenancy has no "previous period" to compare. Section 13(4A) cannot apply to the starting rent.
Landlord and tenant can agree a genuine new tenancy before 1 May at a higher rent, starting on or after 1 May. The old tenancy ends. The new one begins at whatever rent they agreed. Section 13(4A) constrains future increases from that point, but not the initial rent.
The same logic applies. If landlord and tenant agree a genuine new tenancy in June 2026 or later, the starting rent is simply the rent. No section 13 process is required.
It must be real. This means:
A new tenancy does not give the landlord a free hand. The new section 14(A1) of the Housing Act 1988 (inserted by section 7 of the RRA 2025) gives the tenant the right to challenge the initial rent of any new tenancy before the tribunal within six months of the tenancy beginning. If the tribunal finds that the rent exceeds the open-market rent, the rent may be reduced.
The old version of section 22 only allowed this challenge in the first six months of the tenant's original tenancy. The new version applies to any new tenancy — including a surrender and regrant. Parliament has effectively closed the door on using new tenancies as an unchecked workaround.
Creating a new tenancy has a real downside: it resets the 12-month clock for possession grounds 1 and 1A (landlord/family moving in, or property sale). Hold a tenancy for three years, create a new one to increase rent, and you lose access to those grounds for another 12 months.
You do not avoid an appeal by granting a new tenancy. The tenant can appeal at any time within the first six months of the current tenancy, including any renewals.
Section 13 keeps the existing tenancy in place. The clock does not reset. It's a straightforward form to complete and send.
New tenancies from 1 May must comply with the new regime from day one: a prescribed tenancy agreement containing a written statement of terms. The new tenancy must be the "new style" assured periodic tenancy. No fixed terms or rent-increase clauses are permitted from the commencement.
If you are considering a new tenancy close to 1 May, weigh the complexity against the benefit. Section 13 avoids the clock reset. Unless there is a strong reason to renew, the statutory route is cleaner.