Government has no data on rent appeal workload as Renters’ Rights Act nears

The government has admitted it does not know how long the rent appeals system takes to handle cases, raising concerns that the Tribunal could be flooded with challenges when the Renters’ Rights Act takes effect.

That’s on 1 May next year and a Freedom of Information response sent to property lawyer David Smith confirms that the Ministry of Justice holds no data on the time it takes the Tribunal to consider, process and rule on rent increase appeals.

The disclosure comes as ministers prepare for a surge in challenges triggered by the RRA.

The legislation gives every private renter the right to contest any proposed increase above market levels.

However, the only way to know if a rent rise is above local rates is to take a case to the Tribunal, raising the likelihood of a sharp rise in claims.

Bizarre government don’t know

Mr Smith, a partner at Spector, Constant and Williams, said: “It is simply bizarre that the government is failing to collect basic data on the performance of the rental appeals Tribunal.

“For all its talk of not wanting the system to be overwhelmed, without measuring the average time taken to process rent cases both now and in the future there will be no way of knowing the impact the Renters’ Rights Act is actually having and what additional resources are required by the Tribunal to operate effectively.”

He added: “If ministers are serious about wanting their reforms to work, they need urgently to measure, and publish in full, baseline data on the performance of the Tribunal now.

“The government should regularly publish this data to ensure everyone can see if, and when, the Tribunal starts to struggle with the anticipated massive increase in rent appeal cases it is asked to consider.”

Government to intervene

Officials have insisted they will intervene if the system becomes overwhelmed, but they have not defined what overwhelmed means.

Nor, as the FOI reveals, do they track the basic performance data that would reveal the scale of pressure on the Tribunal.

Tenants are expected to use the appeals process widely since cases are free to bring.

The Tribunal cannot substitute a higher figure than the landlord originally proposed, and any rise only applies from the date of its ruling.

In practice, this could delay increases for months as decisions can also be deferred for up to two months if the Tribunal believe tenants would otherwise face hardship.

Property118 commercial reality check

Government uncertainty always creates friction. Commercial landlords who plan ahead convert that friction into advantage. A rent appeal system with no baseline data signals one thing: volatility. Professionals who prepare for procedural drag and prove market evidence with precision will stay in control.

What serious landlords should do next

Strengthen your evidence file: Build a clean, timestamped record of comparable rents, valuations and tenancy communication. A well-prepared pack shortens disputes and protects income during delays.

Model rent timelines with real buffers: Assume appeals could stall uplift for several months. Stress test your cash flow on a three, six and nine-month delay. Structured modelling turns policy noise into manageable planning.

Rebalance exposure to high-risk units: Identify properties where rent increases are most likely to be challenged. Adjust gearing, review lease strategy or consider whether a different tenancy structure creates more predictability.

Systemise rent review processes: Create a repeatable workflow for notices, evidence gathering and time-tracking. Delegation and automation remove avoidable errors and free you to focus on strategy rather than paperwork.

Prepare for opportunity in the backlog: Landlords who maintain liquidity and clear documentation are well placed to acquire when less organised operators retreat from uncertainty.