How tenants challenge a rent increase at the First-tier Tribunal

If you have received a Section 13 rent increase and think it is above the market rate, you can refer it to the First-tier Tribunal – and under the Renters’ Rights Act, challenging is now risk-free on the rent itself. This guide explains who can refer an increase and by when, how the referral works, what the tribunal decides, and how a referral affects the timing of the increase.

Last reviewed: 1 July 2026 · Reflects the Renters’ Rights Act 2025, in force from 1 May 2026

Who can refer, and by when

The right to challenge belongs to the tenant who received the Section 13 notice on Form 4A. The key point is timing: the referral must be made before the effective date on the notice – the date the new rent is due to take effect. Miss that date without referring, and the proposed rent simply stands.

Because the deadline is the effective date, the practical window is the notice period itself. That is one reason to act promptly rather than wait: the earlier you understand the increase, the more time you have to gather your own evidence and make the referral in good order. The Rent Increase Tribunal Deadline Calculator turns the effective date on your notice into the date by which you need to refer. The tribunal’s process and any current fee are set out on GOV.UK, and you should check those before you apply.

First, check the dates. Before challenging the amount, it is worth checking whether the notice is even valid. If the effective date is wrong, the notice may be defective and the increase may not take effect at all. Use the Section 13 rent increase date calculator, run the notice through the Section 13 Notice Validity Checker, and read what makes a Section 13 notice invalid.

How the referral works

A referral is an application to the First-tier Tribunal (Property Chamber), asking it to determine the rent. In broad terms you complete the tribunal’s application, providing the tenancy details and the Section 13 notice, and put forward your view of the market rent with any supporting evidence. The tribunal then considers the property and reaches its own decision on the open market rent. Some cases are decided on the papers; others involve a hearing or an inspection. The exact steps, forms and any fee are published on GOV.UK, so use that as your checklist when you apply.

What the tribunal decides – and the crucial cap

The tribunal’s job is to decide the open market rent: what the property would let for on the open market, judged against comparable local properties in similar condition. It is not concerned with what the tenant can afford or with the landlord’s costs – only with the market rent for that home as it actually is.

The change that matters most under the Renters’ Rights Act is the cap on the outcome. The tribunal cannot set the rent higher than the figure the landlord proposed in the notice. Before the reforms, a tenant who challenged risked the tribunal deciding the market rent was even higher than the landlord had asked – a real deterrent. That risk is gone. The worst outcome of a challenge is now that the tribunal confirms the landlord’s figure; the best is that it sets a lower one. On the rent itself, a tenant has nothing to lose but the effort and any fee.

Example: the cap in action

A landlord proposes increasing the rent from £1,000 to £1,200 a month. The tenant refers it to the tribunal before the effective date. If the tribunal decides the open market rent is £1,100, that is the new rent. If it decides the market rent is actually £1,300, it still cannot set the rent above the £1,200 the landlord proposed – so the rent is £1,200, no worse for the tenant than accepting the notice would have been.

How a referral affects the timing

Referring the increase to the tribunal delays when it takes effect. Rather than the new rent starting on the effective date in the notice, it takes effect in line with the tribunal’s decision once that decision is made. The rent the tribunal sets is the rent that applies. Exactly how the timing works in a given case depends on the tribunal’s process, which is another reason to check the current guidance on GOV.UK before relying on any particular date.

Don’t withhold rent while you challenge. Referring an increase does not mean you can stop paying. Keep paying your existing rent as normal while the referral is decided, and take advice before withholding anything – arrears can create separate problems regardless of the rent dispute.

For landlords: how to avoid a challenge

The mirror image of all this is straightforward for landlords. Because the tribunal decides the open market rent and can only ever confirm or reduce your figure, the way to avoid a wasted challenge is to propose a realistic, evidence-backed rent in the first place and serve it correctly. A figure supported by genuine local comparables is far less likely to be referred, and if it is, far more likely to be upheld. Our guide on how to serve a Section 13 rent increase covers setting the figure and keeping the evidence.

Frequently asked questions

By when must a tenant challenge the increase?

You must refer the increase before the effective date on the notice, the date the new rent is due to take effect as stated on the Form 4A. Once that date passes without a referral to the tribunal, the proposed rent simply stands. Check the current process and any time limits on GOV.UK.

Can the tribunal set the rent higher than the landlord asked?

No, that cannot happen. The First-tier Tribunal determines the open market rent but can never set it higher than the figure proposed in the notice. That is why a challenge is now effectively risk-free on the rent itself: at worst, the tribunal simply confirms the figure the landlord asked for.

Does challenging delay the increase?

Yes, it does. Referring the proposed rent to the tribunal delays when the increase takes effect: instead of starting on the notice date, it applies once the tribunal has decided, and the rent the tribunal sets is what you then pay. Exact timing depends on the tribunal process, so check GOV.UK.

What does the tribunal actually look at?

The tribunal looks only at the open market rent for the property: what it would realistically let for on the open market, judged against comparable local homes in similar condition. It does not consider what the tenant can afford, or the costs the landlord faces, only the market rent for that home as it actually is.

Is this legal advice?

No, this page is general guidance only, not legal advice. It sets out how the process usually works but cannot cover every situation. For advice on your own case, and to confirm the tribunal process and any current fee, check GOV.UK or speak to a qualified solicitor or professional adviser.

About this page. Written and maintained by James, founder of TenancyTools.uk, who runs a UK property management business working with landlords, resident management companies and tenants day to day. Every rule on this page is checked against the legislation and current GOV.UK guidance, and the page is reviewed whenever the rules change. See our editorial policy.

Disclaimer: TenancyTools.uk provides general guidance and calculation tools, not legal advice. The Section 13 rules described on this page apply to assured periodic tenancies in England under the Housing Act 1988 as amended by the Renters’ Rights Act 2025. Different rules apply in Wales, Scotland and Northern Ireland. While we work hard to keep every page accurate and up to date, you should verify dates and requirements against the current prescribed form and guidance on GOV.UK before serving or responding to a notice, and take professional advice where the outcome matters.