Can a Tenant Challenge a Rent Increase UK?
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Yes, tenants can refer a Section 13 rent increase to the First-tier Tribunal within 28 days. The tribunal assesses whether the proposed rent reflects market rate. They can reduce (but not increase) the amount.
Section 13 gives tenants the right to challenge increases they consider excessive. Here's how the process works.
Can tenants challenge rent increases?
Yes. When you serve a Section 13 notice, the tenant has 28 days to refer the proposed increase to the First-tier Tribunal (Property Chamber). If they don't challenge within this period, the new rent applies automatically.
The right to challenge exists regardless of the increase amount. Even reasonable increases can be referred.
What is the tribunal process?
The tenant applies online or by post. There's a small fee. The tribunal then schedules a hearing (sometimes paper-based, sometimes in person). Both parties can submit evidence about comparable local rents.
- Tenant submits application within 28 days
- Tribunal acknowledges and schedules hearing
- Both parties submit evidence
- Hearing takes place
- Tribunal issues decision
What does the tribunal consider?
The tribunal determines what a reasonable market rent would be for the property. They compare to similar properties in the area, considering size, condition, location, and amenities.
They ignore:
- Tenant's ability to pay
- Tenant's personal circumstances
- Improvements made by the tenant
- Any decrease in value caused by tenant's breach
It's purely about market value, not fairness or affordability.
Can the tribunal increase the rent?
No. The tribunal can only reduce the proposed rent or confirm it. They cannot set a higher rent than you proposed. This means landlords have nothing to lose by proposing market rent—the worst outcome is the rent you asked for.
However, if the tribunal finds your proposed rent reasonable, you've effectively validated your increase.
What if tenant just refuses to pay?
If a tenant doesn't challenge the Section 13 notice within 28 days but simply refuses to pay the new rent, they're in rent arrears. The new rent applies from the stated date. Non-payment is a breach you can pursue through normal rent arrears procedures.
Refusing to pay without a tribunal challenge is not a valid defence.
Frequently asked questions
How long does a tribunal case take?
Typically 2-4 months from application to decision. During this time, the old rent usually continues. If the tribunal confirms or sets the new rent, it applies from the date originally stated in your notice.
Should I worry about every challenge?
Not excessively. Many tenants threaten to challenge but don't follow through. If your proposed rent is genuinely at market level, prepare your evidence (comparable listings, Rightmove data) and let the tribunal decide.
Managing this yourself?
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LandlordOS tip
Keep evidence of comparable rents when you serve Section 13. Screenshot similar properties on Rightmove or Zoopla. If challenged, you'll have data ready. Tribunals like landlords who can demonstrate their rent is market-reasonable.