This article is for general information only and does not constitute legal advice.
Under the Renters' Rights Act 2025, tenants can challenge any rent increase proposed through the Section 13 procedure by referring it to the First-tier Tribunal (Property Chamber). The tribunal determines what the open market rent for the property should be. It cannot set a higher figure than the landlord proposed.
Before the RRA, tribunal challenges were rare because most tenancies had fixed terms with agreed rents, and landlords could use Section 21 to remove tenants who objected to increases. Now that every tenancy is periodic and Section 21 is gone, tribunal referrals will likely become more common.
How rent increases work now
Landlords can increase the rent once per year using a Section 13 notice. The notice must give at least two months' warning and propose a specific new rent figure. Rent-review clauses in tenancy agreements are overridden by statute; every increase goes through Section 13.
The tenant has three options: accept the increase and pay the new rent from the specified date, negotiate informally with the landlord, or refer the increase to the tribunal before the effective date of the increase.
The referral process
A tenant refers the increase by completing an application to the First-tier Tribunal (Property Chamber). The application must be made before the date the new rent is due to take effect. If the tenant misses this window, the increase takes effect automatically.
There is no fee for the tenant to make a referral.
Once a referral is made, the tribunal notifies the landlord and invites both parties to submit evidence.
What the tribunal considers
The tribunal determines the open market rent for the property. It asks: what would a willing landlord and willing tenant agree to in the open market for this property, on the terms of the current tenancy, in its current condition?
Factors the tribunal considers include comparable rents for similar properties in the area (typically drawn from Rightmove, Zoopla, or similar letting portals), the condition and specification of the property, its location and local amenities, and any improvements the tenant has made at their own expense (which the tribunal may disregard when assessing rent).
The tribunal does not consider the landlord's mortgage payments, tax position, or desired yield. The test is market rent, not what the landlord needs to make the numbers work.
What the tribunal cannot do
The tribunal cannot set the rent higher than the figure the landlord proposed in the Section 13 notice. This is an important protection for landlords. If you propose £1,200 and the tribunal determines the market rent is £1,400, the rent is capped at £1,200.
Under the Renters' Rights Act, the tribunal also cannot backdate the increased rent to the date of the original Section 13 notice. The new rent takes effect from the date of the tribunal's determination. This is a change from the previous regime, where backdating was possible and acted as a deterrent to frivolous referrals.
The removal of backdating means tenants face no financial penalty for referring an increase, which may increase the number of referrals.
How hearings work
Most rent tribunal cases are determined on paper without an in-person hearing. Both parties submit written evidence, and a tribunal panel (typically a valuation surveyor and a lay member) reviews the submissions and makes a determination.
Either party can request an oral hearing, which the tribunal will usually grant. Oral hearings are held at the regional tribunal centre and typically last one to two hours.
The tribunal aims to issue a determination within six to eight weeks of the referral, though this varies.
Preparing your evidence
If a tenant refers your rent increase, prepare evidence of comparable rents. Screenshots of current listings on Rightmove or Zoopla for similar properties within a reasonable radius of your property are the most persuasive evidence. The comparables should match on property type, size, condition, and location.
If you have recently improved the property (new kitchen, rewiring, insulation upgrade), include details and costs. The tribunal may give weight to the improved specification when assessing market rent.
If your proposed increase is well within the market range, say so plainly and show the evidence. Tribunals are pragmatic. A landlord proposing a 5% increase when market rents have risen 8% is on strong ground.
Costs
Neither party pays the other's costs at a rent tribunal hearing. There are no court fees for landlords. The only cost is your time in preparing evidence, and potentially the fee for a letting agent or surveyor to provide a market appraisal (typically £100 to £300).
Practical implications
Set rent increases at or slightly below the local market rate. An increase that aligns with comparable rents is harder for a tenant to challenge successfully.
Keep records of comparable rents when you set the increase. If challenged, you need evidence that was current at the time you served the Section 13 notice.
Maintain your property well. The tribunal assesses rent based on the property's current condition. A property with deferred maintenance will attract a lower market rent assessment.
Be aware that the tribunal process adds uncertainty. If you serve a Section 13 notice proposing a £1,200 rent and the tenant refers it, you may receive a determination of £1,100. Plan your finances to absorb the lower figure.
Sources
- Renters' Rights Act 2025, legislation.gov.uk. https://www.legislation.gov.uk/ukpga/2025/26/contents [Accessed 6 May 2026]
- GOV.UK, "First-tier Tribunal (Property Chamber)". https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber [Accessed 6 May 2026]