Court delays persist despite government claims of progress
4 months ago | 6 comments
Rent increase challenge rules spark court backlog fears
12:01 AM, 26th January 2026, 3 months ago
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Tenants challenging rent increases under new reforms could overwhelm courts, warns industry experts.
An article in The Times explains under the Renters’ Rights Act, tenants will be able to challenge any proposed rent increase at the First-Tier Tribunal (FTT).
Under the reforms, the tribunal will no longer be able to set a rent higher than that proposed by the landlord, even if it finds the market rent is higher. It will also be able to delay rent increases by up to two months in cases of hardship.
Landlords in limbo
The Times reports that any rent increase upheld by the tribunal would take effect only from the date of its decision, rather than when the landlord first served notice. This means that even unsuccessful challenges could delay higher rent payments for months, leaving landlords in limbo.
Geoffrey Vos, Master of the Rolls and head of civil justice in England and Wales, warned the Housing Law Practitioners’ Association that the rules under the Renters’ Rights Act could create “an incentive for tenants to apply to the FTT in respect of every increase in order to delay its implementation”.
Ben Beadle, chief executive of the National Residential Landlords Association (NRLA), told The Times: “With just 34 judges sitting on it, the tribunal is unlikely to cope with such an influx of cases once the act comes into force.
“It is one of many aspects of the act where warm words are not being matched by any evidence of the detailed work needed to ensure it works in practice.”
Court capacity could be overwhelmed
As previously reported on Property118, the NRLA has written to the Justice Select Committee, warning that court capacity could be overwhelmed by the Renters’ Rights Act.
The NRLA pointed out that landlords are having to wait weeks for court hearings to regain possession of their properties.
The NRLA said in the letter: “At Report Stage of the Renters’ Rights Act, the Housing Minister told the Commons that: “Court readiness is essential to the successful operation of the new system”. We agree with the Minister.
“However, the government has yet to define what it means by the courts being “ready”. Without that clarity, it is unclear what the planned digitisation of possession cases is intended to deliver or how success will be measured.”
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Member Since January 2022 - Comments: 20
10:05 AM, 26th January 2026, About 3 months ago
This is precisely why the initial rent should never be discounted and should be set high (at least market rate or higher) so that future tribunals can’t challenge it. Tribunals can only challenge increases, not the initial rate.
Member Since September 2018 - Comments: 3523 - Articles: 5
10:21 AM, 26th January 2026, About 3 months ago
Reply to the comment left by M K at 26/01/2026 – 10:05
with the RRB coming in I cant see any LL advertising anything other than over market rate. This will avoid entirely the threat of the LL being accused of taking a higher bid.
Once that amount is agreed then as you say an annual rent increase, using the market rate at the time will suffice (of course the market rate is inflated for exactly the same reason as above).
The Tribunal will not be able to see what properties actually let for, only having access to the same market rate info as the LL. The LL can also show that the property may have attracted very specific costs (like selective licencing fees) which will also have a direct impact on a rent increase. This would be postcode/area dictated WITHIN the locality so a discriminatory and MANDATED practice that would have an effect on rents purely because it is only applied to properties that have private rental occupants.
Member Since March 2020 - Comments: 28
10:41 AM, 26th January 2026, About 3 months ago
I think they should bring in the right to challenge any price increase in my pint down my local pub in the courts, and don’t implement it until after the hearing!
Do the same with supermarket price rises and any other business despite higher costs for those business!
This is how ludicrous these decisions being made by muppets who don’t run a business.
Member Since May 2015 - Comments: 2197 - Articles: 2
11:16 AM, 26th January 2026, About 3 months ago
Reply to the comment left by Ray Lancaster at 26/01/2026 – 10:41
And mandate that the price of a pint can only be increased once a year.
Member Since January 2026 - Comments: 2
5:06 PM, 27th January 2026, About 3 months ago
Reply to the comment left by M K at 26/01/2026 – 10:05
Tenant’s can sign a tenancy agreement to rent a property and within 6 months of the tenancy starting the tenant can go to the first tier tribunal to challenge the rent. So if it was too high to begin with (although it was agreed) the tribunal will reduce it☹️
Member Since January 2026 - Comments: 2
5:41 PM, 27th January 2026, About 3 months ago
Reply to the comment left by Reluctant Landlord at 26/01/2026 – 10:21
Please have a look at my response to M K about tenants having the power to not only challenge rent increases they also have the power to challenge the initial rent within the first 6 months of a tenancy.
You have also stated that the tribunal will only have access to the same info as landlords when assessing market rents. I believe you were referring to the advertised rents and not the agreed rents. It hasn’t been confirmed what info we landlords will need to provide when the landlord database goes live at the end of this year. I believe we will be required to provide the agreed rents. Landlords have really been stitched up…
Member Since May 2015 - Comments: 2197 - Articles: 2
8:08 AM, 28th January 2026, About 3 months ago
Reply to the comment left by Chris1964 at 27/01/2026 – 17:41
And just where will this agreed rent be published? Rent is the result of a private agreement between two parties and there is no obligation to tell anyone.
Well and truly stitched up.
Member Since May 2014 - Comments: 620
5:22 PM, 28th January 2026, About 3 months ago
Reply to the comment left by The_Maluka at 28/01/2026 – 08:08
We are certainly stitched up.
Rent controls by the back door.
What is to stop a tenant as soon as he gets the keys applying to the tribunal for a rent assessment.
I assume that this is still possible or have they backtracked while I was not looking.
Member Since September 2025 - Comments: 4
4:16 AM, 30th January 2026, About 3 months ago
How does one de-risk theft, deliberate damage via various means, inappropriate friends and family members, usurping the new system to avoid risk etc. By being extra vigilant, looking at valid tenants each have a ten checkable history, and loading the rent for unexpected surprises. Even better would be a separate deposit outside the normal deposit scheme that pays for professional decorating and cleaning. Animal pets require special consideration due to hygiene, untold damage, and possible nuisance complaints. Letting Agents should shoulder much of this cost for tenants who are not upto scratch. If tenants were legally required to take out damage and repair insurance, this would go a long way to solving the problem. No personal annual insurance, means end of tenancy. More burden should be placed on the tenant because council tenants have councils with deeper pockets.
Member Since September 2018 - Comments: 3523 - Articles: 5
11:11 AM, 30th January 2026, About 3 months ago
Reply to the comment left by Stella at 28/01/2026 – 17:22
technically nothing stopping them.
I am yet to see any details on what the RT is supposed to assess exactly when they make a decision. I suppose another thing that we just have to wait and see the finer detail on….