How a tenant can challenge a Section 13 rent increase at tribunal

A tenant can challenge a Section 13 rent increase by applying to the First-tier Tribunal (Property Chamber) on form MR1, and the tribunal must receive the application before the new rent's start date. The tribunal then decides the open-market rent, can't set it higher than the rent you proposed, and the tenant keeps paying the old rent until it decides.

How does a tenant challenge a Section 13 rent increase?

The challenge route for private assured tenancies in England is set out in the Housing Act 1988 and the notes on Form 4A:

1. The landlord serves Form 4A, proposing a new rent and a start date (question 4.6).
2. The tenant applies on form MR1 (current version 08.26) through GOV.UK's "Apply for a market rent determination" page, under section 14(A3) of the Housing Act 1988.
3. The tribunal must receive the application before the start date in the notice. Posting it the day before isn't enough if it arrives late.
4. The tenant should tell the landlord that they've applied, and the landlord can reply.
5. The tribunal decides the rent. It can also decide whether the notice is valid (s.13B).

Check the current MR1 form and any fee on GOV.UK before relying on a figure you've seen elsewhere.

What does the First-tier Tribunal decide?

For a first-tier tribunal rent increase case, the question is the rent you "could reasonably expect if the property were let on the open market on the same terms". The tribunal may take the property's condition into account.

The outcome follows a simple rule (s.14ZB(5)):

If the tribunal finds the market rent is...	The new rent is...
lower than your proposed rent	the market rent
the same as or higher than your proposed rent	your proposed rent

It can never exceed the rent you proposed. So a challenge can only hold your figure or reduce it.

When does the new rent start after a tribunal decision?

The tenant does "not have to pay the new rent amount until the tribunal has made its decision". After the decision, the start date works like this (s.14ZB(3) and (7)):

• if the start date in your notice falls on or after the decision date, the new rent starts on the date in your notice;
• if the decision comes after the start date in your notice, the new rent starts at the beginning of the first new tenancy period on or after the decision date;
• either way, it is never earlier than the date in your notice. There is no backdating.

Example. Your Form 4A proposes £1,175 a month from 20 January 2027 on a tenancy due on the 20th. The tenant's MR1 reaches the tribunal on 12 January 2027. The tribunal decides on 15 April 2027 that the market rent is £1,150.

• The tenant pays the old rent through January, February and March.
• The new rent of £1,150 starts on the first rent day on or after 15 April 2027: 20 April 2027.
• You can't claim the difference for January to April.

Undue hardship. If the usual date would cause the tenant undue hardship, the tribunal may set a later date. That date must fall before the end of two months beginning with the date of the decision (s.14ZB(3)(c), (4)).

How landlords should prepare a response

You can reply once the tenant tells you about the application. A clear, evidenced reply is the best way to protect a fair figure.

1. Assemble your comparables. Adverts or lettings of similar homes nearby, with dates, rents and key features. See market rent evidence.
2. Show the terms. Is the property furnished? Are any bills included? The test is a let "on the same terms".
3. Document the condition. Recent photos, safety certificates, and records of repairs and improvements you've carried out.
4. Deal with disrepair honestly. The tribunal may consider condition. If repairs are outstanding, say what you're doing and when.
5. Check your own notice. The tribunal can rule on validity. Run your Form 4A against the Section 13 mistakes list.
6. Keep paying attention to deadlines the tribunal sets, and keep copies of everything you send.

If the case turns on disputed evidence about condition, or the tenant raises a counterclaim, speak to a solicitor.

Challenging the starting rent in the first 6 months

Separately from a Section 13 challenge, a tenant may challenge the current rent within 6 months of the tenancy starting (s.14(A1)–(A2) and s.14ZA). In that case the tribunal can only reduce the rent, to the market rent. This matters if you've just let the property at a high figure: price new lets from evidence too. Read how much a landlord can increase rent for the rules on starting rents.

The planned move to the Valuation Office Agency

On 9 September 2026 the government announced that the Valuation Office Agency (VOA) will take over first-instance decisions on rent increase challenges from the tribunal. No date has been set. Until the change is made, tenants still apply to the First-tier Tribunal on form MR1. We'll update this page when a date is confirmed.

What to do next

• Reduce the chance of a challenge by getting the notice right first time: create Form 4A free from the Section 13 notice page.
• If the tenant won't pay but hasn't applied to the tribunal, read what to do if a tenant refuses a rent increase.