Hey, I’m looking for some advice on behalf of my mother. She lives in a rented property she shared with my father who passed away in January. 2 Weeks after he passed away the landlord posted a rent increase letter stating that the rent would be increasing by £50 PCM from 01/03/2026 this was not a section 13 notice and my mother paid the increased rent amount from 01/03/2026. Now today the landlords wife has attended my mothers property and has said in person that the rent would be increased by a further £66 and gave some confusing excuse about this being because not all months have 4 weeks and rent should be 4 weekly. However upon reviewing the tenancy that my parents signed for an initial 12 month period way back in 2016 the rent is charged PCM not 4 weekly. The rent increase letter also stated the rent was increased to the new amount PCM. I’m going to dispute this with them on my mothers behalf but I just want to make sure I’m fully informed. I appreciate the tenancy agreement is old but surely the terms still apply? My only concern is has my mother by agreeing to the original rent increase without it being a section 13 notice shot herself in the foot when it comes to disputing this further increase?
So sorry to hear of your Father’s recent passing. Firstly, if the tenancy agreement specifically states that rent is paid per calender month then that is when it is paid. The rent increase although not issued via a section 13 is a legitimate and commonly used way for a landlord to issue a rent increase. As long as the increase is within market rates for the area it would be considered reasonable if you decided to challenge the rent increase at the First Tier Tribunal. I appreciate that the timing of the rent increase couldn’t have come at a worse time considering your father’s recent passing.
The second proposed increase suggested by the landlords wife, so soon after the original increase may be legal although not reasonable in my opinion. I think most decent landlords would agree to increase their rents once per year. I would ignore it and continue paying the original rent increase until the landlord puts it in writing.
Good luck!
The rent increase in January was by mutual agreement. That’s legal and it stands.
If the landlord wishes to increase again, then mutual agreement is one way to do so.
If the tenant does not agree, the landlord could still issue a section 13 notice to request the formal rent increase, but your mother has a right to appeal against this if the rent increase is not in line with the market.
Either way from May the rules change and rent increases must always be by section 13 notice and can only be issued once a year. So as some reassurance if your mother agrees to the current second rent increase, that will be fixed for at least a year.
Your mother is entitled to ignore any further increase made otherwise than by a s13 notice, (assuming the tenancy agreement has no rent review clause). The landlord may then come back with an increase via the s13 procedure, which your mother could then challenge at the First Tier Tribunal if she believed it was in excess of the market rent. We don’t know what rent your mother is paying or what the market rent for the property would be, so its not possible to know how this would be viewed by the tribunal and at the moment they do have the power to impose a higher rent than that asked for if the increase still doesn’t reach market level.
Hi John,
My view would be:-
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The increase on 01/03/26 was by mutual consent so appears legitimate and correct.
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David122 is correct your mother is entitled not to agree to any further increase other than via s13 notice.
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If a S13 notice is served then your mother will have the option to accept it or appeal via a tier 1 tribunal before the new payment is due. Please note though, the tribunal will unlikely consider the amount of increase but what the new rental payment is. It will not matter whether the rent is doubled tripled etc only that the new rent payment is in line with market conditions for the property.
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Once a s13 is issued, your landlord cannot issue a new one for 12 months. Any further increase during this period would be by mutual agreement only but refer back to my point 2; your mother would not have to agree to this
Sorry for your loss
If it’s not been agreed it’s not agreed and LL can only enforce a further increase via a section 13.
In any case unclear that LL’s wife has any authority to act on behalf of LL.
Suggest you write to LL confirming your understanding of what has been agreed and the next rental amount due on which date, and that as per the tenancy agreement it is on a pcm basis.
I suspect wife is claiming they got the original increase they agreed wrong because of how they calculated. If so they need to formally propose something else and you /your mother would have to agree it (or not and negotiate).
Just because you /your mother agreed a previous increase doesnt mean you cant dispute or negotiate on a further one
As you say terms of the TA such as pcm or 4 weekly can be changed but this would need to be by mutual agreement of tenant and LL via a legal deed of variation.
Good luck