Rent increase rules: periodic vs fixed-term tenancies
Quick answer
During a fixed term the rent can only change if the agreement contains a rent-review clause or you agree in writing. Once the tenancy becomes periodic, the landlord must use a Section 13 notice on Form 4A unless a review clause still applies.
Which one are you in?
- Fixed term — your agreement states a start and end date, typically 6 or 12 months, and that end date has not passed.
- Contractual periodic — your agreement says the tenancy runs monthly or weekly with no end date.
- Statutory periodic — your fixed term ended, you stayed, and nothing new was signed. This is the most common situation for long-standing tenants.
Side by side
| Question | Fixed term | Periodic |
|---|---|---|
| Can Section 13 be used? | No | Yes, if no review clause |
| Rent-review clause applies? | Yes, if present | Yes, if it survives the term |
| Increase by written agreement? | Yes | Yes |
| Maximum frequency | As set by the clause | Once every 52 weeks under Section 13 |
| Can you refer it to the tribunal? | No | Yes, for a Section 13 notice |
Rent-review clauses: read them carefully
A review clause only works if the landlord follows it precisely. Check the clause for the review date, the amount of notice required, the method of calculating the new rent (a fixed percentage, an index such as CPI, or "market rent"), and how notice must be given. A landlord who reviews on the wrong date, uses the wrong index, or gives short notice has not validly triggered the clause — and if the tenancy is still in its fixed term, they have no fallback because Section 13 is unavailable.
The renewal trap
The most common way tenants end up paying more than they need to is by signing a new fixed-term agreement at a higher rent when the old one ends. You are not obliged to sign. If you do nothing, the tenancy rolls into a statutory periodic tenancy on the existing terms and the existing rent, and the landlord must then use Section 13 — which you can challenge — to raise it. Signing a renewal removes that protection entirely.
The trade-off is security: a fixed term gives you a guaranteed period in the property, while a periodic tenancy can be ended with the appropriate landlord notice. Weigh both before deciding.
Work out which rules apply to your tenancy
Rent Defender checks your notice against the statutory rules and drafts a counter-offer letter you can send today — Section 13 and Form 4A aware.
Generate my letterFrequently asked questions
- Can my landlord raise the rent during a fixed term?
- Only if the tenancy agreement contains a rent-review clause, or you agree to the increase in writing. Otherwise the rent is fixed for the whole term.
- What is a periodic tenancy?
- A tenancy that runs from one rent period to the next — usually month to month — either because the fixed term ended and you stayed on, or because the agreement was periodic from the start.
- Does my tenancy automatically become periodic when the fixed term ends?
- Yes. If you stay in the property and no new fixed-term agreement is signed, a statutory periodic tenancy arises automatically on the same terms.
- Can a landlord use Section 13 during a fixed term?
- No. Section 13 only applies to periodic tenancies. A Form 4A served during a fixed term with a start date inside that term is invalid.
Related guides
- Invalid Section 13 noticeA plain-English guide for UK tenants on the Form 4A rules landlords get wrong — wrong notice period, wrong form, wrong dates — and what to do if your Section 13 notice is invalid.
- How much can rent go up?There is no legal cap on rent increases in England, but the increase must be fair compared with similar local properties. Here is how the limit actually works and how to challenge an above-market rise.
- Section 13 notice periodsHow much warning your landlord must give before a rent increase takes effect, how the notice period is counted, and the date mistakes that make a Form 4A invalid.