Nikka Sulton

Rent Tribunals Grant Full Rise in 28% of Cases

Landlords in England who challenged rent increases at the First-tier Tribunal in September received the full amount they had requested in just 28.4% of cases. This is according to an analysis of 74 published tribunal decisions by mortgage broker Cyborg Finance.

However, the figures do not suggest that tenants usually succeed in preventing rent rises altogether. Around two-thirds of cases still resulted in an increase, either in full or in part. Across the cases with comparable figures, rents increased by an average of 6.7%.

The results also highlight an important point for landlords: those who received their full proposed increase were generally asking for an amount that was already in line with, or below, the tribunal’s assessment of local market rent.

Changes introduced under the Renters’ Rights Act on 1 May 2026 have made it more important to get rent increases right. The tribunal cannot award more than the landlord has requested, and increases are no longer automatically backdated if a decision is delayed. Landlords who propose an amount above the market rate could therefore lose out financially.

These rules apply to assured periodic tenancies in England only.

Key facts

Just 21 of the 74 decisions analysed (28.4%) resulted in landlords receiving their full proposed rent increase.
A further 50 cases (67.6%) ended with a rent increase, either fully or partially.
Across 68 cases with comparable figures, average monthly rent increased from £1,372 to £1,464, representing a rise of 6.7%. This compares with 6.3% in August.
Tribunals can set rent below the landlord’s proposed amount, including below the tenant’s existing rent, but cannot award more than requested.
Where a decision is made after the date stated in the notice, the new rent starts from the next rental period after the decision. It is not backdated.
Tenants pay a £47 application fee to challenge an increase. Cyborg Finance estimates that cases take around 91 days on average from notice to decision.

What the September tribunal decisions reveal

Cyborg Finance reviewed 74 published decisions made by the First-tier Tribunal (Property Chamber) between 1 and 30 September 2026. The cases involved challenges to rent increases for private assured tenancies in England.

The company notes that its analysis may not cover every tribunal decision issued during the month.

The outcomes were as follows:

Tribunal outcome	Number of cases	Percentage
Full proposed increase granted	21	28.4%
Partial increase granted	29	39.2%
Rent unchanged	12	16.2%
Rent reduced	6	8.1%
Case struck out	6	8.1%
Total	74	100%

The largest group consisted of cases where landlords received only part of the increase they had requested. In these situations, the tribunal decided that the property’s market rent was lower than the landlord’s proposed figure.

In 12 cases, the existing rent remained unchanged, while six resulted in a reduction. A further six applications were struck out, meaning the tribunal did not determine a new rent.

Looking at the 68 cases where both the original and final rent figures were available, the combined monthly rent increased from £93,285 to £99,509. This represents an average rise from £1,372 to £1,464 per property, or approximately £92 a month.

That works out at an additional £1,104 a year for each tenancy on average. However, this calculation includes cases where rent stayed the same or was reduced.

The overall increase of 6.7% was slightly higher than the 6.3% recorded in August. Cyborg Finance points out that these figures relate only to the tribunal cases it reviewed and should not be treated as a measure of rent growth across the wider private rented sector.

How rent tribunals assess proposed increases

When a tenant challenges a rent increase under a Section 13 notice, the tribunal must determine what the property could reasonably achieve if it were let on the open market by a willing landlord on the same tenancy terms.

This requirement is set out in Section 14 of the Housing Act 1988. The tribunal does not take account of improvements made by the tenant or damage resulting from a breach of the tenancy agreement.

Since 1 May 2026, changes under Section 14ZB have introduced four important points for landlords.

The proposed rent is the maximum. The tribunal will set the rent at its open-market valuation if that figure is lower than the landlord’s proposal. If the market valuation is higher, the landlord can only receive the amount originally requested.

Rent can be reduced below its current level. If the tribunal believes the property’s market value is lower than the rent already being paid, it can order a reduction. Six of the September decisions resulted in lower rents.

Increases are no longer automatically backdated. If the tribunal reaches its decision before the proposed start date, the new rent takes effect on that date. If the decision comes later, the increase starts from the first rental period beginning on or after the decision.

Financial hardship can delay the increase. Where the tenant would experience undue hardship from paying the higher rent immediately, the tribunal can choose a later start date. This cannot be more than two months after the decision.

Previously, successful rent increases were generally backdated to the date stated in the landlord’s notice. Under the new rules, tenants continue paying their existing rent while waiting for the tribunal to reach a decision.

The application fee for tenants is £47, although they can ask the tribunal to order the landlord to reimburse this amount. The fee does not apply where the landlord served the notice before 1 May 2026.

Cases are usually considered using written evidence, unless either party requests a hearing. Tribunal guidance states that decisions are generally issued within six weeks of a hearing. However, Cyborg Finance’s wider tracker estimates that the average period between serving notice and receiving a decision is around 91 days for cases since May 2026.

Why proposing too much could cost landlords

Landlords who set their proposed rent above the property’s realistic market value risk receiving less than they expected. A tenant who challenges the increase could have the tribunal reduce it to the amount supported by the available evidence.

For example, consider a property currently let for £1,372 a month, with comparable local properties suggesting a market rent of £1,464.

The following examples assume a four-month delay before the higher rent takes effect if the tenant challenges the notice. This is based on Cyborg Finance’s estimated average waiting time.

Scenario	Final monthly rent	Additional rent in the first 12 months
A. Landlord proposes £1,500 and tenant accepts	£1,500	£1,536
B. Landlord proposes £1,500, but tribunal sets rent at £1,464	£1,464	£736
C. Landlord proposes £1,464 and tenant accepts	£1,464	£1,104
D. Landlord proposes £1,500, but evidence supports only £1,330	£1,330	-£336

In Scenario B, the tribunal removes the additional £36 a month above the property’s estimated market value. The landlord also loses four months of the £92 increase that could otherwise have been collected, amounting to £368.

Compared with a tenant who accepts the original £1,500 proposal, the landlord would collect £800 less during the first year.

Scenario C shows the potential benefit of setting a realistic figure from the beginning. Where the proposed rent is supported by local market evidence, the tribunal is less likely to reduce it if the tenant challenges the increase.

Scenario D illustrates the greater risk of relying on an inflated figure. If the tribunal decides that the property’s market rent is actually below the existing amount, the landlord could face a rent reduction. In this example, the monthly rent falls by £42, resulting in £504 less over a full year after the decision.

How long can a rent tribunal delay an increase?

Consider a landlord who serves Form 4A on 1 December 2026, proposing a rent increase from 1 February 2027. The tenant pays rent on the first day of each month and submits an application to challenge the increase in January.

If the tribunal issues its decision on 15 April 2027, the new rent will begin on 1 May 2027.

The landlord would therefore continue receiving the existing rent throughout February, March and April. The increase would not be backdated to February.

How to serve a Section 13 rent increase correctly

A mistake in the notice or the way it is served could result in the application being struck out or the increase failing. Landlords may then need to start the process again.

For assured periodic tenancies in England, the following steps apply under the rules introduced on 1 May 2026.

Check that you are eligible to increase the rent. Rent can generally be increased once a year, but not during the first year of the tenancy. The new rent must not take effect until at least 52 weeks after the previous increase, including increases made before May 2026 under Form 4 or a rent review clause.
Research the market before choosing an amount. Base your proposed rent on comparable properties rather than your own expenses. Mortgage payments and service charges do not determine a property’s market rental value.
Discuss the increase with your tenant. Government guidance recommends speaking to tenants before serving notice. Sharing evidence of similar rental properties could help avoid a formal challenge.
Use the latest Form 4A. The current form is available through the GOV.UK assured tenancy forms page. Landlords must follow the Section 13 process for every increase, even where the tenant has already agreed to it.
Give at least two months’ notice. The proposed start date must fall at least two months after the tenant receives the form and should align with the beginning of a rental period. Allow additional time if sending the notice by post.
Keep proof of service. Notices can be delivered in person, by post or by email where the tenancy agreement permits it. Keep a record showing when and how the notice was sent.
Respond to any tribunal application. If the tenant challenges the increase, the tribunal will send the landlord a reply form (MR2). Return it within the stated deadline and include supporting evidence. You can also request a hearing or property inspection if these would help explain the property’s features or condition.
Plan for possible delays. The tenant continues paying the existing rent while the case is being considered. Landlords should make sure their finances can cover mortgage payments and other costs during this period.

How landlords can provide evidence of market rent

The tribunal considers comparable properties in the local area and may also use its own knowledge of the rental market.

Landlords should aim to provide clear evidence showing why their proposed figure is reasonable. Actual agreed rental amounts from recently let properties are generally more useful than asking prices alone.

Useful evidence includes:

At least three to five comparable properties with a similar number of bedrooms, property type and condition, ideally within a mile.
Evidence of agreed or achieved rents, such as recent letting records or written confirmation from an estate agent.
Dated screenshots of current rental listings, including links saved when the proposed rent was calculated.
Details of differences between the properties, including parking, gardens, furnishings, EPC ratings and whether bills are included.
A written rental valuation from a letting agent.
Recent photographs showing the property’s current condition.
A copy of the completed Form 4A and evidence showing when it was served.
Details of the previous rent increase and when it took effect.
A copy of the tenancy agreement, particularly any terms covering bills, furniture or council tax.

It is also important to be realistic about the property’s condition. The tribunal assesses the home as it currently stands, so landlords should not rely on rental figures from recently refurbished properties if their own property is in a poorer condition.

Frequently asked questions

Can a rent tribunal set a higher rent than the landlord proposed?

No. Under the rules for Section 13 challenges in England introduced after May 2026, the tribunal cannot award more than the landlord requested. It can set the rent at a lower market figure, including an amount below the tenant’s current rent.

Are rent increases backdated after a tribunal decision?

No. If the tribunal makes its decision after the date stated in the notice, the increase starts from the first rental period beginning on or after the decision. The tribunal can delay the start date by up to two months if paying the increase immediately would cause the tenant undue hardship.

How often can landlords increase rent in England?

Landlords can generally increase rent once a year, but not during the first year of a tenancy. They must use Form 4A and provide at least two months’ notice for each increase, even if the tenant agrees.

How much does it cost a tenant to challenge a rent increase?

The application fee is £47. Tenants can ask the tribunal to order the landlord to repay this amount. No fee applies where the landlord served the notice before 1 May 2026. The tenant must submit their application before the proposed date of the increase.

How long does a rent tribunal take?

Cyborg Finance estimates that the average time between serving a notice and receiving a decision is around 91 days for cases since May 2026. Tribunal guidance says a decision usually follows within six weeks of a hearing.

Do these rent tribunal rules apply in Wales and Scotland?

No. The rules covered in this article apply to assured periodic tenancies in England. Wales, Scotland and Northern Ireland have separate arrangements governing rent increases.