How to Defend a Rent Increase at the First-tier Tribunal

Under the Renters' Rights Act 2024, all rent increases on assured periodic tenancies must go through the Section 13 process. A tenant who disagrees with a proposed increase can refer the notice to the First-tier Tribunal (Property Chamber), which will determine the open-market rent. This article explains how the process works and how to prepare a strong evidence pack.

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The Section 13 Process: A Quick Recap

Before a tenant can refer a rent increase to the Tribunal, the landlord must have served a valid Section 13 notice (Form 4A). The key rules are:

- Once per year: Rent can only be increased once in any 12-month period. The 12-month period runs from the date the last increase took effect, not the date the notice was served.

- First-year restriction: The new rent cannot take effect earlier than the first anniversary of the tenancy start date.

- Minimum two months' notice: The notice must give the tenant at least two months before the new rent is due to take effect.

- Prescribed form: The notice must be on Form 4A. A notice on the wrong form, or that gives insufficient notice, is invalid.

If the notice is invalid, the Tribunal cannot determine the rent — the landlord must start again with a valid notice.

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How a Tenant Challenges the Increase

A tenant who wishes to challenge a Section 13 notice must apply to the First-tier Tribunal (Property Chamber) before the date the new rent is due to take effect. If the tenant does not apply before that date, the new rent takes effect as proposed.

Once the tenant applies, the current rent continues until the Tribunal makes its determination. The Tribunal will then set the rent at the level it considers to be the open-market rent for the property.

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What Is the Tribunal Determining?

The Tribunal is not being asked to approve or reject the landlord's proposed figure. It is being asked to determine the open-market rent — the rent at which the property might reasonably be expected to let on the open market, on the same terms as the existing tenancy, at the date of the hearing.

This means:

- The Tribunal may set the rent at the landlord's proposed figure, if that figure is supported by the evidence.

- The Tribunal may set the rent at a lower figure, if the evidence shows the proposed rent is above the open market.

- In principle, the Tribunal could set the rent at a higher figure than the landlord proposed, if the evidence supports it — though this is uncommon.

The Tribunal's decision is binding on both parties.

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What Is Open-Market Rent?

Open-market rent is the rent that a willing landlord and a willing tenant would agree for the property, on the open market, at the date of the hearing. It is assessed by reference to comparable properties in the same area.

The Tribunal will consider:

- Rents being achieved for comparable properties (not just asking rents)

- The size, type, condition and location of the property

- Amenities and features (parking, garden, furnishings, broadband)

- Any improvements made by the landlord

- Any deterioration caused by the tenant (which may be disregarded)

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Preparing Your Evidence Pack

A well-prepared evidence pack is the foundation of a successful Tribunal case. The pack should demonstrate, with specific evidence, why your proposed rent represents the open-market rent for this property at this time.

1. Comparable rental evidence

The most important evidence is what comparable properties in the same area are actually letting for. Aim for at least three to five comparables. For each comparable, record:

- Full address (or street and postcode)

- Property type (terraced, semi, flat, etc.)

- Number of bedrooms

- Condition and key features

- Rent being asked or achieved

- Source (Rightmove, Zoopla, letting agent, your own knowledge)

- Date of the listing or letting

Achieved rents vs asking rents: Evidence of rents actually agreed and paid for comparable properties tends to carry more weight than asking prices alone, because asking rents may not reflect what landlords are actually achieving. If you can obtain evidence of achieved rents — for example, from a local letting agent who can confirm what comparable properties have let for — include it. That said, asking rents from reputable portals are a legitimate and commonly used source of comparable evidence, particularly where achieved rent data is not readily available. The Tribunal will assess all the evidence in the round.

2. Property details and photographs

Provide a clear description of your property, including:

- Full address and property type

- Number of bedrooms and bathrooms

- Condition — when was it last refurbished?

- Key features: parking, garden, outdoor space, storage, broadband, white goods

- Any improvements you have made since the last rent review (new kitchen, new bathroom, new boiler, etc.)

- Photographs — recent, good quality, showing the condition and key features

If your property is in better condition or has better features than the comparables, explain why this justifies a premium. If it is in worse condition, be honest about this — the Tribunal will be.

3. Market commentary

A short written statement explaining the local rental market context can be helpful. For example: rents in the area have increased by X% over the past 12 months; demand for two-bedroom properties in this postcode is high; there is limited supply of properties with off-street parking. Keep this factual and evidence-based.

If you can obtain a brief written statement from a local letting agent confirming current market conditions and comparable rents, this can be persuasive — but it is not essential.

4. Your rent history

Include a brief rent history for the property: when the tenancy started, what the initial rent was, when it was last increased and by how much. This provides context for the Tribunal.

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Presenting Comparables Clearly

Present your comparables in a simple table or schedule, with one row per comparable. Include the address (or nearest postcode), property type, bedrooms, key features, rent, source and date. Attach printouts of portal listings where available.

When drawing comparisons, be specific about similarities and differences. If a comparable is slightly larger, acknowledge it and explain why you have still included it. If a comparable is in a slightly different location, explain the relationship between the two areas.

Do not cherry-pick only the highest-priced comparables. The Tribunal will expect a balanced picture. If the market evidence is mixed, acknowledge it and explain why, on balance, your proposed rent is appropriate.

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Practical Preparation for the Tribunal

- Attend the hearing. Tribunal hearings for rent increase cases are usually short — 30 to 60 minutes — and are conducted by a panel that typically includes a legally qualified member and a surveyor member. You do not need a solicitor, but you should be prepared to explain your evidence clearly.

- Bring copies. Bring at least three copies of your evidence pack — one for you, one for the Tribunal panel, and one for the tenant.

- Be factual and measured. The Tribunal is a formal process. Present your evidence calmly and factually. Do not make personal comments about the tenant.

- Listen to the tenant's evidence. The tenant may present their own comparables or argue that the property has defects that justify a lower rent. Listen carefully and be prepared to respond to specific points.

- Accept the outcome. The Tribunal's determination is binding. If the Tribunal sets the rent lower than you proposed, that is the rent that applies.

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A Note on What the Tribunal Is Not

The Tribunal is not a rubber stamp for the landlord's proposed figure. It is an independent body that will make its own assessment of the open-market rent based on the evidence. A landlord who attends without evidence, or whose proposed rent is significantly above the market, is unlikely to achieve the outcome they want. The purpose of preparing a strong evidence pack is to demonstrate, objectively, that your proposed rent is a fair reflection of the market — not to argue for the highest possible figure regardless of the evidence.

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What Should I Do Now?

- Before serving a Section 13 notice, research comparable rents in your area and document your evidence.

- If a tenant refers the notice to the Tribunal, start building your evidence pack immediately — do not wait until close to the hearing date.

- Consider contacting a local letting agent to obtain a brief market commentary and confirmation of achieved rents for comparable properties.

- Attend the hearing prepared, with copies of your evidence pack.

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*Information correct as at 23 September 2026. Always check the current GOV.UK position before acting.*