Tenant challenges a rent increase: the tribunal process

The short answer

If your tenant disagrees with a Section 13 rent increase, they can refer it to the First-tier Tribunal before the start date in your notice. The tribunal decides the open-market rent for the property. Your tenant will not pay more than the rent you proposed, and does not have to pay the new rent until the tribunal has decided. Until then, the current rent continues.

This guide explains the process from the landlord’s side, with a worked example. It is general information for landlords in England, not legal advice.

How rent increases work since 1 May 2026

The main changes in the Renters’ Rights Act 2025 started in England on 1 May 2026. For private assured periodic tenancies, Form 4A (the Section 13 notice) is now the only route to increase the rent. You can use it no more than once a year, and you must give at least two months’ notice. The new rent must start on the first day of a rent period.

Form 4A explains the tenant’s options in section 5. Everything below is drawn from that section and the rules behind it.

The tenant’s three options

When your tenant receives a Form 4A notice, they can:

If the tenant does nothing, the new rent starts on the date in your notice.

When a tenant can apply

The tribunal must receive the application before the start date in question 4.6. After that date, the tenant has lost the chance to refer that notice.

Form 4A says a tenant can refer the rent if they believe it is higher than the market rate, or if they believe there is another problem with the notice. The form gives the example of a notice not served at least two months before the proposed increase. So a challenge can be about the amount, the dates, or both.

Form 4A also tells the tenant to let you know if they apply. Otherwise, you may assume they have agreed. If you have heard nothing, check with your tenant before the start date.

What the tribunal looks at

The tribunal decides what rent you could reasonably expect if the property were let on the open market on the same terms. It can take other factors into account, such as the condition of the property.

You will be able to reply to the tenant’s application. The tenant then has the chance to respond to your reply. Use your reply to give evidence, for example:

• rents for similar properties nearby, let on similar terms
• the size, condition and features of the property
• any improvements you have made
• your Form 4A, proof of service, and your date calculations

Form 4A suggests tenants check similar properties in the area to get an idea of the market rate. You should do the same before you set the figure in question 4.5.

What the tribunal can decide

The tribunal’s figure might be higher or lower than the rent you proposed. The key rule for landlords is the cap: the tenant will not be required to pay more than the rent you first proposed in question 4.5.

Worked example

You let a flat on a monthly tenancy that began on 1 December 2024. Rent is due on the 1st. The last increase took effect on Sunday 1 February 2026.

The tenant thinks £1,250 is above the market rate. The tribunal receives their application on Monday 11 January 2027, before the start date. The tenant tells you they have applied.

While the tribunal considers it: the tenant keeps paying £1,150 per month. They do not pay £1,250 from 1 February 2027.

When the tribunal decides, here are three possible outcomes:

In the first outcome, the tribunal thought the flat could let for £50 more than you asked. The tenant still pays £1,250, because you cannot receive more than you proposed. In the third outcome, the rise is £50 per month rather than £100.

Read the decision carefully. If you are unsure when the decided rent applies, ask the tribunal or take advice.

A landlord’s timeline

Here is what to do at each stage, using the worked example above:

How to reduce the chance of a challenge

You cannot stop a tenant applying, but you can make sure the notice is sound and the figure is defensible.

1. Get the dates right. Use our date calculator to check the two-month, 52-week and rent-period rules. See worked examples.
2. Base the rent on evidence. Look at similar properties nearby before choosing a figure. Keep notes of what you found.
3. Fill in Form 4A correctly. Name every tenant, use the same rent period, and complete the charges table properly. See how to fill in Form 4A.
4. Keep proof of service. You may need to show when the tenant received the notice. See how to serve a notice.
5. Talk to your tenant. Form 4A encourages tenants to discuss the notice with their landlord. A conversation can sometimes lead to a written agreement and avoid a referral.
6. Deal with repairs. The tribunal can consider the condition of the property. Fix known problems before proposing an increase.

What you must not do

• Do not demand the new rent from the start date if the tenant has referred it to the tribunal. They do not have to pay it until the tribunal decides.
• Do not serve a second Form 4A to get around a referral. You can use Form 4A no more than once a year.
• Do not treat a referral as rent arrears. While the referral is pending, the tenant owes the current rent, not the proposed rent.

Frequently asked questions

Can the tenant apply after the new rent has started?

No. The tribunal must receive the application before the start date in question 4.6.

Can the tribunal set a rent higher than I proposed?

The tribunal’s figure might be higher than your proposal, but the tenant will not be required to pay more than the rent you first proposed.

Does the tenant pay the new rent while waiting for the decision?

No. The tenant does not have to pay the new rent amount until the tribunal has made its decision. They should keep paying the current rent.

Will I be told the tenant has applied?

Form 4A tells the tenant to let you know. You will also be able to reply to the application. If you hear nothing, check with your tenant before the start date.

Can the tenant challenge a mistake in the notice rather than the amount?

Yes. Form 4A says a tenant can refer the notice if they believe there is another problem with it, such as not getting at least two months’ notice.

Can we agree a different rent without going to the tribunal?

Yes, but only downwards. Before the start date, you and the tenant can agree a rent lower than the one in your notice, or agree that the rent stays the same (section 13(4)(b) of the Housing Act 1988). You cannot agree a higher rent this way. Put the agreement in writing.

How long does the tribunal take?

We do not publish timescales. Contact the tribunal for current information.

Next steps

• Create a correctly dated notice on the Section 13 notice (Form 4A) page.
• Check your start date with the Section 13 rent increase date calculator.
• Review your wider obligations with the Renters’ Rights Act landlord checklist.

If you are facing a tribunal referral or a dispute, speak to a solicitor; tenants can get advice from Shelter.