Achieved rents help sway tribunal decision

Landlords defending a rent increase in a tribunal could strengthen their case with evidence of completed lettings after a tenant’s lower advertised prices failed to overturn a landlord’s proposed rise.

The First-tier Tribunal backed Get Living London’s proposed increase from £3,102 to £3,180 a month for a two-bedroom flat in London.

The tenant appealed the Section 13 notice and proposed £3,040, relying on four properties advertised by the same landlord at between £2,995 and £3,110.

The landlord submitted nine agreed lettings from April to June 2026, ranging from £3,205 to £3,292 a month.

Achieved rents take priority

Writing on LinkedIn, property lawyer David Smith said: “Landlords who can provide good evidence of actual rents achieved will be in a strong position in the FTT.

“This is especially beneficial in flats and especially build to rent landlords who have a substantial number of very similar properties to show.”

He added: “Agents who have access to good comparable data showing achieved rents in similar property will be in a strong position here.”

Paper decision process

Neither party requested an oral hearing, and both agreed that the tribunal could determine the case without inspecting the property.

The papers were considered by a Leicester region panel, despite the flat being in Stratford, east London.

Mr Smith, who is a partner with Bishop & Sewell, said this indicated that paper cases were being allocated around the regions according to judge availability.

He suggested landlords may want to request a hearing where local market knowledge could be important, even if their main purpose is to keep the case within the area.

Section 13 limits award

The flat is in a 524-home build to rent development with a gym, workspaces, gaming room, yoga room and 24-hour concierge and security.

The tribunal gave greater weight to the landlord’s completed lettings data because asking prices did not show the rents ultimately agreed, while all nine achieved figures exceeded the proposed £3,180.

Mr Smith said a tribunal cannot award more than the figure entered on the Section 13 notice, although requesting less than the evidence supports could demonstrate that a landlord has taken a reasonable approach.

However, he cautioned that First-tier Tribunal decisions are not binding on other panels and said it remained to be seen whether achieved rents would continue to receive greater weight in future cases.