Is a Section 13 Notice suitable for common law tenancies?

No. Section 13 does not apply to most common law contractual tenancies, such as some high-rent or company lets. A rent increase should follow the tenancy agreement instead.

Can a Section 13 Notice be used for regulated tenancies?

No. Regulated tenancies have separate rent rules and are generally not covered by the Section 13 rent increase process.

What if the tenancy agreement has a rent review clause?

Not usually. If the agreement contains a valid rent review clause, the landlord should normally follow that clause rather than using a Section 13 Notice.

How often can a landlord serve a Section 13 Notice?

In most cases, a landlord can only use the Section 13 procedure once every 12 months for the same tenancy.

How much notice is required for a Section 13 rent increase?

The landlord must usually give at least one month’s notice for weekly or monthly periodic tenancies. Longer notice may be needed for tenancies with longer rental periods.

Can a tenant challenge a Section 13 Notice?

The tenant can challenge the proposed rent at the First-tier Tribunal before the new rent start date if they think it is above market rent.

What is the difference between a Section 13 Notice and a rent increase letter?

A Section 13 Notice is a prescribed legal form, while a rent increase letter is informal and may not be legally effective for statutory rent increases.

Does Section 13 apply across the whole UK?

Section 13 applies to England and Wales in the legislation, but rental rules differ across the UK. Landlords should check the correct process for England, Wales, Scotland or Northern Ireland.

What happens if a Section 13 Notice is used for the wrong tenancy type?

The notice may be invalid if the wrong tenancy type is selected. The landlord may need to serve a new notice using the correct legal process.

What should I check before generating a Section 13 Notice online?

You should check the tenancy type, whether it is fixed-term or periodic, any rent review clause, notice periods, and whether Section 13 is legally available.

EN-GB>Residential>Section 13 Notice>UK Tenancy Types And Section 13 Notice

Tenancy Types And Section 13 Notice Suitability In The UK

Created: 10 Jun 2026

Understand which tenancies can use a Section 13 notice and why suitability matters before proposing a rent increase. This guide supports landlords and tenants using AI Generated British Section 13 Notice resources.

Tenancy Type	Reason	Arrangement Category	Alternative Method	Jurisdiction
Usually not suitable
Assured shorthold tenancy - fixed term	Section 13 is for periodic assured tenancies, not ordinary fixed-term increases.	Fixed term	Use a rent review clause or written agreement.	England
Usually suitable
Assured shorthold tenancy - statutory periodic	A periodic AST can usually be increased by prescribed Section 13 notice.	Periodic	Tenant agreement or valid contractual review clause.	England
May be suitable
Assured shorthold tenancy - contractual periodic	Suitable if no contractual rent review mechanism already applies.	Periodic	Follow the contractual rent review clause.	England
Usually not suitable
Assured tenancy - fixed term	Section 13 generally applies after the tenancy is periodic.	Fixed term	Use rent review clause or agree a variation.	England
Usually suitable
Assured tenancy - periodic	Section 13 covers periodic assured tenancies if statutory conditions are met.	Periodic	Tenant agreement or contractual review clause.	England
Monthly rolling assured shorthold tenancy	A monthly periodic AST is a common Section 13 use case.	Periodic	Agree new rent in writing.	England
Weekly periodic assured shorthold tenancy	Section 13 can apply, with minimum notice aligned to periodic rules.	Periodic	Written agreement or contractual review process.	England
Quarterly periodic assured shorthold tenancy	Section 13 may be used for periodic assured tenancies paid quarterly.	Periodic	Agree new rent or follow contract.	England
Yearly periodic assured shorthold tenancy	Section 13 can apply, but longer statutory notice may be needed.	Periodic	Agree rent or use contractual review clause.	England
May be suitable
Periodic AST with rent review clause	Section 13 is generally displaced where a valid review clause applies.	Periodic	Use the agreed rent review mechanism.	England
AST with agreed rent increase	Section 13 is unnecessary if the tenant validly agrees the new rent.	Other	Record the agreed variation in writing.	England
Usually suitable
AST after fixed term has expired	Often becomes statutory periodic, allowing Section 13 if no clause controls rent.	Periodic	Renew tenancy at a new rent.	England
Usually not suitable
New replacement AST at higher rent	A new tenancy can set the new rent without Section 13.	Fixed term	Grant a new tenancy agreement.	England
May be suitable
Assured agricultural occupancy	May be assured, but agricultural status and rent rules need checking.	Other	Specialist agricultural tenancy advice.	England
Usually not suitable
Regulated tenancy under the Rent Act 1977	Rent Act tenancies usually use fair rent registration, not Section 13.	Regulated or protected	Apply for registered fair rent.	England
Protected tenancy	Protected tenancies are outside the ordinary Housing Act 1988 route.	Regulated or protected	Fair rent registration process.	England
Rent Act statutory tenancy	Rent is normally controlled by registered fair rent rules.	Regulated or protected	Register or re-register a fair rent.	England
Not applicable
Secure council tenancy	Secure public-sector tenancies are not assured tenancies.	Other	Council rent-setting and statutory consultation rules.	England
Flexible council tenancy	It is a form of secure tenancy, not an assured tenancy.	Fixed term	Council rent-setting process.	England
Introductory council tenancy	Public-sector introductory tenancies are outside Section 13.	Other	Council rent-setting process.	England
Demoted tenancy	Demoted social tenancies are not ordinary assured periodic tenancies.	Other	Social landlord rent-setting rules.	England
May be suitable
Housing association assured tenant	Can be assured, but social rent and tenancy terms must be checked.	Periodic	Tenancy rent review provisions or social rent policy.	England
Housing association assured shorthold tenant	Section 13 may apply if the tenancy is periodic and assured.	Periodic	Contractual review or social landlord rent policy.	England
Housing association starter tenancy	Often an AST, but provider terms usually control rent changes.	Other	Provider rent review process.	England
Not applicable
Excluded tenancy	Excluded occupiers are not usually assured tenants.	Licence	Licence fee variation or new licence terms.	England
Lodger living with resident landlord	A lodger is usually an excluded licensee, not an assured tenant.	Licence	Change licence fee by agreement or licence terms.	England
Occupier with basic protection	This status is outside the assured tenancy rent increase regime.	Licence	Contractual fee change or negotiated variation.	England
Usually not suitable
Service occupancy tied to employment	Occupation may be a licence linked to employment, not an assured tenancy.	Licence	Employment contract or occupational licence terms.	England
May be suitable
Service tenancy	May be assured if a true tenancy and Housing Act criteria are met.	Other	Check employment and tenancy terms.	England
Not applicable
Company let	A company cannot occupy as its only or principal home.	Other	Contractual rent review or new agreement.	England
High-rent residential tenancy above assured limit	Tenancies above the statutory rent limit cannot be assured.	Other	Contractual rent review or negotiated variation.	England
Low-rent tenancy below assured limit	Very low-rent tenancies are excluded from assured status.	Other	Contractual variation or specialist advice.	England
Usually not suitable
Tenancy with resident landlord in same building	Resident landlord arrangements are often excluded from assured status.	Licence	Use agreement terms or negotiate variation.	England
Not applicable
Holiday let	Holiday lettings are excluded from assured tenancy status.	Licence	Set new holiday booking price or licence fee.	England
Student accommodation in university halls	Certain student lettings by specified institutions are excluded from assured status.	Licence	Accommodation contract fee terms.	England
May be suitable
Private student house AST	May be an AST Section 13 only fits if periodic.	Fixed term	New fixed-term tenancy at revised rent.	England
Private purpose-built student accommodation	Status depends on whether it is an assured tenancy or licence.	Other	Contract pricing or renewal terms.	England
HMO room let on individual AST	Suitable if the room tenancy is assured and periodic.	Periodic	Contractual review or written agreement.	England
HMO let on joint AST	May apply to the joint periodic tenancy as a whole.	Periodic	Joint written agreement or renewal tenancy.	England
Usually suitable
Joint periodic assured shorthold tenancy	Notice should address the joint tenancy and all tenants correctly.	Periodic	Agreement by all joint tenants.	England
Sole periodic assured shorthold tenancy	A standard periodic AST is the main Section 13 scenario.	Periodic	Written agreement to new rent.	England
May be suitable
Private registered provider assured tenancy	Can be assured, but provider rent rules and agreement may override.	Periodic	Provider rent review and regulatory rent policy.	England
Usually not suitable
Protected agricultural occupancy	Protected agricultural occupiers have specialist statutory protection.	Regulated or protected	Specialist agricultural rent process.	England
Not applicable
Business tenancy	Commercial tenancies are not assured residential tenancies.	Other	Commercial lease rent review clause.	England
May be suitable
Mixed residential and business occupation	Status depends on dominant purpose and whether Housing Act criteria apply.	Other	Lease rent review or specialist advice.	England
Periodic assured subtenancy	A subtenancy can be assured if statutory conditions are met.	Periodic	Head-tenant landlord agreement or contract terms.	England
Unauthorised residential subtenant	Status is fact-specific lawful landlord and assured status must be checked.	Other	Specialist advice before increasing rent.	England
Not applicable
Crown tenancy	Certain Crown tenancies are excluded from assured status.	Other	Terms of Crown tenancy or statutory scheme.	England
Asylum support accommodation	Accommodation is support-based and not an ordinary assured tenancy.	Licence	Home Office support arrangements.	England
Usually not suitable
Hostel accommodation licence	Hostel occupiers are often licensees rather than assured tenants.	Licence	Licence fee terms or provider policy.	England
Supported housing licence	Supported occupiers may be licensees, not periodic assured tenants.	Licence	Support provider licence fee process.	England
May be suitable
Supported housing assured tenancy	May qualify if it is a true periodic assured tenancy.	Periodic	Tenancy rent review and support funding rules.	England
Usually not suitable
Almshouse occupier	Almshouse residents are commonly licensees, not assured tenants.	Licence	Maintenance contribution or licence terms.	England
Not applicable
Mobile home pitch agreement	Pitch fee reviews use the mobile homes statutory regime.	Other	Pitch fee review notice and Mobile Homes Act rules.	England
Houseboat mooring agreement	Mooring agreements are not assured residential tenancies of a dwelling-house.	Licence	Mooring agreement fee review terms.	England
Tolerated trespasser or unauthorised occupier	No assured tenancy exists to vary by Section 13.	Other	Regularise occupation or seek possession advice.	England
Informal family occupation without tenancy	Section 13 requires an assured tenancy, not informal permission.	Licence	Create written agreement or vary family arrangement.	England
Standard occupation contract	Wales uses Renting Homes occupation contracts, not Section 13.	Other	Use Renting Homes rent variation notice process.	Wales
Periodic standard occupation contract	Rent increases use Welsh contract-holder notice rules, not Section 13.	Periodic	RHWall prescribed rent variation notice.	Wales
Fixed-term standard occupation contract	Welsh fixed-term contract terms govern rent variation.	Fixed term	Use contract rent review term or agree variation.	Wales
Secure occupation contract	Secure Welsh contracts follow Renting Homes rules, not Housing Act Section 13.	Other	Welsh statutory rent variation notice.	Wales
Converted Welsh AST occupation contract	Existing Welsh tenancies converted to occupation contracts from December 2022.	Other	Renting Homes Wales rent variation process.	Wales
Private residential tenancy	Scotland uses PRT rent increase notices, not Section 13.	Periodic	Scottish rent-increase notice for PRTs.	Scotland
Short assured tenancy	Scottish assured tenancy law has separate rent rules.	Fixed term	Scottish contractual or statutory rent review route.	Scotland
Scottish assured tenancy	Section 13 of the English Housing Act 1988 does not apply in Scotland.	Periodic	Scottish rent review procedures.	Scotland
Scottish regulated tenancy	Scottish regulated tenancies use fair rent rules.	Regulated or protected	Scottish fair rent registration.	Scotland
Scottish secure tenancy	Scottish social tenancies have separate statutory rent rules.	Other	Social landlord rent-setting and consultation.	Scotland
Northern Ireland private tenancy	Northern Ireland has separate private tenancy legislation.	Other	Northern Ireland tenancy agreement and statutory rent rules.	Northern Ireland
Northern Ireland protected tenancy	Protected tenancies in NI use controlled rent and protected tenancy rules.	Regulated or protected	NI controlled rent or rent officer process.	Northern Ireland
Northern Ireland statutory tenancy	NI statutory tenancies are governed by separate Rent Order rules.	Regulated or protected	Rent officer or controlled rent mechanism.	Northern Ireland
Northern Ireland Housing Executive tenancy	NI social housing rent increases are outside Section 13.	Other	NIHE rent-setting process.	Northern Ireland
Northern Ireland housing association tenancy	NI housing association tenancies do not use English Section 13 notices.	Other	Association rent policy and NI tenancy rules.	Northern Ireland

When Is A Section 13 Notice Suitable For A Rent Increase?

A Section 13 notice is mainly an England-only mechanism for increasing rent under an assured or assured shorthold tenancy that is periodic. It is usually suitable where the fixed term has ended and the tenancy is continuing weekly, monthly, quarterly or yearly, and there is no effective rent review clause already governing the increase.

When Should Landlords Avoid Using A Section 13 Notice?

During a fixed term: a Section 13 notice is usually not suitable unless the tenancy has become periodic; landlords should rely on a valid rent review clause or agree a variation.
Where the occupier is a licensee or lodger: Section 13 is usually not applicable because the arrangement is not normally an assured tenancy.
In Wales, Scotland and Northern Ireland: Section 13 is generally not the correct process; separate statutory rules apply.
For regulated or protected tenancies: fair rent registration or specialist statutory rules are usually relevant instead.

What Is The Main Practical Risk?

Using the wrong rent increase route can make the proposed increase ineffective and may give the tenant grounds to challenge it. For England, landlords should first identify the tenancy type, check whether it is periodic, and review the agreement for any rent review clause before using a Section 13 notice.

Tenancy Types and Section 13 Notice Suitability

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FAQs

What tenancy types can a Section 13 Notice be used for?

A Section 13 Notice can only be used to propose a rent increase for certain periodic assured or assured shorthold tenancies in England. It is not suitable for fixed-term tenancies unless the term has ended and the tenancy has become periodic.

Can a Section 13 Notice be used during a fixed-term tenancy?

Is a Section 13 Notice suitable for an assured shorthold tenancy?

Can landlords use a Section 13 Notice for an assured tenancy?

Can a Section 13 Notice be used for lodgers?

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