Rent tribunal cases surge following Renters’ Rights Act

Rent tribunal claim documents outside the Royal Courts of Justice illustrating tenant challenges to rent increases
9:12 AM, 2nd September 2026, 2 hours ago 5

Industry experts have warned that the Renters’ Rights Act has shifted the balance of power towards tenants, as new data shows a surge in landlords being taken to tribunal over rent increases.

Data from Hamptons, reported by The Times, shows that property tribunals made 166 market rent decisions in July, almost four times the 44 decisions recorded during the same month in 2025.

Since 1 May, landlords seeking to increase the rent on a periodic tenancy must use a Section 13 notice, giving at least two months’ notice and proposing no more than the open market rent.

A tenant can challenge the notice at the First-tier Tribunal for a £47 fee, while the resulting rent cannot exceed the landlord’s figure or be backdated.

Tenants feeling empowered to exercise rights

According to Hamptons data reported by The Times, the monthly average was 42 decisions in the year to late April 2026. This rose to 109 in May and 129 in June, with tenants initiating around 60% of the most recent cases.

Paul Rooke, partner at Mayo Wynne Baxter, warns: “The latest tribunal data is a clear indication that the Renters’ Rights Act has shifted the balance of power towards tenants.

“By removing the threat of retaliatory section 21 ‘no-fault’ eviction and eliminating the risk of backdated rent liability if a challenge is unsuccessful, the Act has reduced the downside for tenants who wish to contest rent increases.

“The sharp rise in tribunal applications can be seen as a reflection of tenants feeling empowered to exercise rights that previously existed in theory but were often underused in practice.

“It is important for landlords to note that rent increases can no longer be justified simply by reference to rising costs.

“Any proposed increase must be supported by robust evidence of market rent, including comparable local lettings, property condition, location, amenities and recent rental transactions”.

Greater scrutiny of rent review decisions

Mr Rooke adds: “A clear audit trail showing how the figure was reached and ensure strict compliance with the statutory section 13 process will need to be kept.

“Evidence, rather than assumption, will increasingly determine outcomes. It is expected that rent challenges will become a significant new category of landlord and tenant dispute.

“Current figures suggest tribunals are coping and processing times have improved, but sustained growth in applications may place pressure on a system already dealing with service charge, leasehold and other property disputes.

“As awareness of tenants’ rights increases, landlords should expect greater scrutiny of rent review decisions and they should treat evidence gathering and procedural compliance as essential risk management tools”.

Landlords seeking to increase rents

Kristine Ng, partner at Morr & Co, said landlords seeking to increase rents should have evidence to support the proposed increase.

She said: “The increase in tribunal challenges is not particularly surprising.

“Many landlords are seeking to increase rents to reflect current market conditions, while tenants remain under significant affordability pressures and are increasingly willing to question whether those increases are justified.

“For landlords, the key point is that the tribunal is concerned with market rent, rather than simply whether a landlord has experienced increased costs.

“A landlord may have perfectly legitimate reasons for seeking a higher rent, but if a challenge is brought the question will ultimately be what rent the property could reasonably achieve on the open market.

“Landlords should therefore ensure that any proposed increase is supported by evidence of comparable local lettings and prevailing market conditions”.


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Comments

  • Member Since June 2015 - Comments: 201

    10:04 AM, 2nd September 2026, About 1 hour ago

    It would be useful to know how many of the tribunal decisions were in favour of the tenant and how many in favour of the landlord.
    An increase in tribunal cases was an obvious result of the RRA but if tribunal decisions go in favour of the landlords in most cases then tenants may think twice about going to tribunal.
    If most decisions go in favour of the tenant then landlords will have to up their game and produce good evidence for rent increases.

  • Member Since April 2024 - Comments: 8

    10:28 AM, 2nd September 2026, About 47 minutes ago

    Reply to the comment left by Simon Lever – Chartered Accountant helping clients get the best returns from their properties at 02/09/2026 – 10:04
    Why should they think about going to the tribunal. For £47 they at least get to delay any increase don’t they? This is state sponsored blackmail and its disgusting. Tribunal times will increase the more tenants do this and the evidence is that this is what they are doing. Some charities are indeed advising all tenants to do this.

    Dont forget the NEXT s13 rent increase can only be done after 12 months of the previous increase. The form requires you to put in the date of the last increase not the date when the last increase was requested. At very best we can look forward to rent increases every 18 months not each year and that’s if the Tribunal takes 6 months to decide and of course the tenant doesn’t put in a case for hardship in which case yhe increase can be further delayed.

    Also the notice to the tenant invites them to request that the landlord pays the £47!

    No wonder dear Angela is not bothering with rent controls. Doesn’t need to.

    Im very lucky to have respectful working tenants in my hmo (my only property). Ive explained to them all how they could shaft me if they wanted to and I’ve done two rent reviews since the changes. I explained to both that I will be putting in the max that I think i might get, inviting them to come back to me asking for less, saying they are not to be offended but this is my new policy. I have an extremely good relationship with my guys one of whom teased me saying he wanted to have a red panda as a pet. I then received loads of pics of red pandas! I will be oh so extremely careful i get the same respectful relationship with any new tenants. Anyone who looks like a chancer will NOT be admitted. Full stop! Changes like these will not help any marginal tenants. When will the government finally realise this.

  • Member Since March 2024 - Comments: 317

    10:42 AM, 2nd September 2026, About 33 minutes ago

    Reply to the comment left by Fergus Wilson at 02/09/2026 – 10:15
    Exactly, it just won’t work like that when one party has invested hundreds of thousands of pounds and the the other is paying a tiny fraction of this and can give two months notice at any time to just walk away. These politicians and renters’ rights groups simply cannot grasp the concept that there is an opportunity cost to being a landlord and this is increasing rapidly. I look at the increasing amount I have invested in an ISA wrapper giving tax free dividends and CGT free capital growth that was once invested in bricks and mortar giving people homes to rent. It was well worth it to me to pay the CGT and get out despite having high yielding and successful student HMOs.

    What all the politicians and tenants’ groups don’t grasp is that there is a ‘next move’ for a landlord who had tried and failed to get the rent that they need to make renting out the property worthwhile. They even acknowledge that the landlord may have justifiable reasons for asking for a higher rent.

    The landlord will be perfectly entitled to decide to sell up and give notice to the tenant accordingly.

  • Member Since September 2023 - Comments: 102

    10:47 AM, 2nd September 2026, About 28 minutes ago

    In business you must be competitive!

  • Member Since January 2020 - Comments: 1108 - Articles: 1

    11:04 AM, 2nd September 2026, About 11 minutes ago

    Tribunal decisions are published and can be accessed on https://www.gov.uk/residential-property-tribunal-decisions

    You can register to receive a weekly or even daily email containing details of new decisions.

    Reading a few of the judgments will be much more useful in understanding how decisions are arrived at than any number of journalistic attempts to give generalised advice.

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