Getting Section 13 right matters more than you think

Getting Section 13 right matters more than you think

Serving a Section 13 notice to increase rent sounds straightforward — you fill in a form, serve it properly, and wait out the prescribed period. But landlords regularly make mistakes that courts have ruled make their notices invalid, leaving them unable to recover the higher rent or, worse, unable to enforce the tenancy at all.

If your Section 13 is defective, you cannot simply serve another one. Tenants have strong protections against consecutive notices served in quick succession. That means one slip-up can cost you months of rent and create legal uncertainty across your entire portfolio.

This guide walks you through the three most common Section 13 mistakes — and how to avoid them. Whether you manage your own properties or use an agent, understanding these pitfalls is essential. If you're unsure about your current notices, a dispute support or tenancy strategy call can flag risks before they become expensive problems.

Mistake 1: Getting the prescribed information wrong or leaving it out

Section 13 notices have a strict format. They must include prescribed information — specific wording that explains the tenant's rights, what happens if they don't leave, and how they can challenge the increase.

The most common errors are:

• Using outdated prescribed information (the wording changed in April 2020)
• Omitting the tenant's right to refer the notice to a First-tier Tribunal
• Failing to state the date the increase takes effect clearly
• Not including contact details for dispute resolution services

Tenants can challenge a notice at the First-tier Tribunal if the prescribed information is incomplete or wrong. The tribunal will often quash the notice entirely, requiring you to start again. This is why many landlords use template forms that have been reviewed by legal experts — it removes guesswork.

Even small omissions matter. Courts have ruled notices invalid over missing email addresses or unclear dates. The good news: you can avoid this by using the government-approved form or having your notice reviewed by someone familiar with current legislation.

Mistake 2: Serving the notice too early or at the wrong time

A Section 13 notice must be served at least two months before the date you want the increase to take effect. Serve it one day early and it's invalid.

The timing trap gets more complex with periodic (rolling) tenancies:

• The notice must expire on or after the date the increase would take effect
• You cannot serve another notice within 12 months of a previous increase taking effect (even if that notice was invalid)
• If the tenancy is an assured shorthold tenancy (AST), the increase cannot take effect during the first 12 months

Many landlords slip up by counting calendar days incorrectly, or by trying to rush an increase. Others serve a second notice too quickly after a previous one — which courts treat as an attempt to circumvent tenant protections.

If you're uncertain about timing, record the date the previous increase took effect and measure from there. Better yet, use a tool like our landlord tools or ask your agent to confirm dates before you serve the notice.

Mistake 3: Failing to serve the notice correctly

A perfectly written Section 13 that never reaches the tenant is useless. Proof of service matters enormously — if the tenant disputes it, you must demonstrate you served it properly.

Valid service methods include:

• Hand delivery (with receipt or witness)
• Leaving it at the property in a sealed envelope addressed to the tenant
• Sending it by first-class post to the address in the tenancy agreement
• Email (only if the tenant agreed to accept notices by email)

Common mistakes:

• Posting it but keeping no proof (always use tracked or recorded mail)
• Serving notice to the wrong address (use the one in the AST, not a forwarding address)
• Sending it by email when the agreement doesn't permit it
• Relying on a tenant's word that they received it — get written confirmation

If service is challenged in court, you will need to prove it happened. A first-class stamp is not enough; use special delivery or a witness. Keep the receipt or signed acknowledgment. Many agents now serve notices electronically through secure portals that create an audit trail — this is the safest approach.

What to do if you think your Section 13 is at risk

If you've already served a notice and now worry it may be defective, don't panic — but do act soon. A dispute support pack or tenancy strategy call will help you:

• Review the prescribed information against current legislation
• Check the dates and timing rules
• Assess your proof of service
• Plan next steps if the notice is vulnerable

If the notice is sound, you've got peace of mind. If it's not, catching it early gives you more options than being challenged by a tenant at tribunal.

For landlords managing their own properties, our free compliance checklist will also help you track when increases are due and ensure you stay within the 12-month rule.

Section 13 increases are a routine part of lettings — but they carry legal weight. Get them right, and you protect your income. Cut corners, and you risk losing months of rent and ending up back at square one. If you'd like guidance on your specific situation, get in touch or book a free valuation to discuss your portfolio with our team.

Useful reading: GOV.UK — How to rent