Challenging a Rent Increase under the Renters' Rights Act 2025
Tenants in England can now only face one rent increase per year and can challenge any increase before the First-tier Tribunal.
Overview
The Renters' Rights Act 2025 changes the rent increase regime for private assured tenancies in England. Section 13 of the Housing Act 1988 is amended so that landlords can only increase rent once per year, and must use a prescribed form of notice (replacing the s.13 form). Tenants have a right to refer any proposed increase to the First-tier Tribunal (Property Chamber), which determines the open market rent. The tribunal's determined rent is a cap — the landlord cannot charge more, even if their proposed increase was higher. This applies to all private assured tenancies, including ASTs that have been converted under the Act. It does not apply to social housing tenancies (which follow separate rent-setting rules under the Welfare Reform and Work Act 2016 and regulator policy).
Who Can Use This Process
- You are a tenant of a private assured tenancy in England (or a converted AST)
- Your landlord has served a rent increase notice in the prescribed form
- You wish to challenge the proposed increase
Step-by-Step Process
Check the notice is valid
The notice must be in the prescribed form (under the RRA-amended s.13 regulations), give at least 2 months' notice of the proposed new rent, and specify the date the increase is to take effect. If the form is wrong or the notice is late, it is invalid and the increase cannot take effect.
Refer to the First-tier Tribunal
Use the tribunal's application form (Form Rents1) before the date the increase would take effect. The application is free and can be made online. If you miss the deadline, the new rent applies — there is very limited scope to apply out of time.
Gather evidence on open market rent
The tribunal determines the rent the property could let for on the open market under an assured tenancy on the same terms. Gather: Rightmove/Zoopla listings of comparable properties in the area, recent letting agreements, EPC and condition evidence. The Valuation Office Agency's rents database can also be useful.
Tribunal hearing
Hearings are usually conducted on the papers or by video, by a panel of a judge and a surveyor. Both parties submit evidence; the tribunal then determines the rent. Decisions are normally given in writing within 4-6 weeks.
Outcome
The tribunal's determined rent is binding. If it is lower than the landlord's proposed increase, the lower figure applies. If it is the same or higher than the proposed increase, the proposed increase applies (but the tribunal cannot determine a rent higher than what the landlord proposed — that is a key protection).
Costs
Important Warnings
Once a tribunal rent is determined, the landlord must wait 12 months before seeking another increase.
The tribunal cannot reduce rent below the rent currently being paid — only cap a proposed increase. To reduce rent in payment, separate processes apply.
Section 13 challenges are NOT available where the tenancy contains a contractual rent review clause that operates by reference to an index or other formula — the contract governs in those cases (though such clauses are rare in PRS tenancies).
Useful Links
Frequently asked questions
- How much does it cost?
- Main outlays are: Application to the Tribunal — Free; Tribunal hearing fee — None — included; Solicitor representation (optional) — Varies — most tenants self-represent. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Once a tribunal rent is determined, the landlord must wait 12 months before seeking another increase.; The tribunal cannot reduce rent below the rent currently being paid — only cap a proposed increase. To reduce rent in payment, separate processes apply.; Section 13 challenges are NOT available where the tenancy contains a contractual rent review clause that operates by reference to an index or other formula — the contract governs in those cases (though such clauses are rare in PRS tenancies).. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: First-tier Tribunal (Property Chamber) — rent applications; Renters' Rights Act 2025 — legislation.gov.uk. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.