Rent review clauses are void: what landlords must do instead

A rent review clause in a private tenancy agreement in England no longer does anything. Since 1 May 2026, section 13(4A) of the Housing Act 1988 — inserted by section 6 of the Renters' Rights Act 2025 — makes any provision of no effect so far as it purports to raise the rent otherwise than through the statutory route. The only way to increase rent on an assured periodic tenancy is a section 13 notice on Form 4A.

Which clauses this kills

All of them. The rule does not distinguish between drafting styles:

• Fixed uplifts — "the rent increases by 4% on each anniversary"
• Index-linked reviews — CPI, RPI or CPI-plus escalators
• Market reviews — "the landlord may review the rent to open market level annually"
• Notice-based clauses — "the landlord may increase the rent on one month's written notice"

It also applies to existing agreements. There is no grandfathering: a clause signed in 2023 stopped operating on 1 May 2026, the day the old ASTs converted to assured periodic tenancies. And an informal agreement is no substitute — even an increase the tenant has accepted must still be put through Form 4A to be lawfully payable.

Why the clause route was closed

Under the old law, section 13 expressly stood back where the tenancy contained its own rent review machinery — the statutory procedure was a fallback, not a requirement. That let a clause set increases the tenant had no practical way to contest. The Renters' Rights Act inverted the design: one statutory procedure for everyone, with a built-in right to refer the proposed rent to the First-tier Tribunal before it starts, and a ceiling at open market rent. The tribunal cannot set a figure above what the landlord proposed, and the determined rent runs from the date the tribunal directs rather than being backdated.

If you invoice under an old clause anyway

The increase simply never takes legal effect. The tenant remains liable for the old rent, anything paid above it is recoverable as an overpayment, and a landlord who later pleads arrears calculated at the "reviewed" rent will find the arithmetic collapse at the first hearing. Nothing about the clause being in a signed agreement changes this — the statute voids it.

What to do with old AST wording

1. Audit the agreement. Find the review clause and stop relying on it. Leaving it in a document you reissue misdescribes both parties' rights; when you refresh the agreement for the periodic regime, remove it.
2. Diary the 12-month cycle. One increase in any 12 months, measured from when the last increase took effect. If the rent last went up under the old clause before May 2026, that date still starts the clock.
3. Serve Form 4A properly. At least two months' notice, new rent starting on the first day of a rent period. The mechanics are unforgiving — the common defects are catalogued in section 13 notice mistakes.
4. Price at market, with evidence. Comparable listings and recent lets nearby are what the tribunal looks at. Since a challenge can only hold or lower your figure, a defensible number is worth more than an ambitious one.

The one-sentence summary

The contract no longer sets the rent trajectory; the statute does. Landlords who used to rely on an anniversary clause now need a serviced notice, a calendar and market evidence — every year, for every increase.

Do it through the statutory route

Our guided notice produces a compliant Form 4A: two-month period checked, start date aligned with your rent period, 12-month rule verified against the last effective increase.

→ Rent increase notice

Related: Form 4A: how the section 13 notice works · section 13 notice mistakes that invalidate the increase · what replaced the AST · the transitional deadlines under the Renters' Rights Act.