Letting agents have called for clearer guidance on rent tribunals as landlords and tenants in England settle into the rent-increase rules introduced on 1 May 2026.
The discussion matters because a tenant can ask the First-tier Tribunal to decide whether a proposed increase is above the market rent. For landlords, the most useful response is to understand the formal process and keep the evidence behind a proposed figure clear.
How rent increases now work in England
Under the Renters’ Rights Act system, private landlords use the statutory Section 13 process to propose a rent increase. The government says an increase can be made once a year, must reflect the market rate and requires at least two months’ notice.
The prescribed notice for most private assured tenancies in England is Form 4A. A rent review clause is not a substitute for the statutory process under the new system.
If the tenant believes the proposed rent is above the market rate, they can refer it to the First-tier Tribunal. The tribunal considers the rent the property could reasonably achieve on the open market; that is different from relying on advertised asking rents alone.
What the tribunal can decide
The tribunal can determine the market rent, but it cannot set a figure higher than the amount the landlord proposed. The new rent generally takes effect from the date of the tribunal’s determination rather than being backdated. In cases of undue hardship, the tribunal can defer the increase by up to a further two months.
A tenant and landlord can still discuss the proposal and reach an agreement without completing the tribunal process. That can be helpful where a concern is really about timing, affordability or the condition of the property, but any agreement should be recorded clearly.
What landlords should have ready
Before serving a notice, check that the correct form and notice period apply to the tenancy. Keep a copy of the completed notice and evidence of when and how it was served.
It is also sensible to retain evidence supporting the proposed market rent, such as genuinely comparable local lettings. Comparisons are more useful when the properties are similar in size, condition, location and included facilities. Achieved rents are stronger evidence than optimistic adverts where they are available.
Landlords should also separate a rent discussion from outstanding repairs. A tenant raising a repair issue does not remove the landlord’s responsibility to address it. Clear records of correspondence and completed work can help both sides understand what has happened.
This article is general information, not legal advice. The official guidance explains the rules for England, while the tribunal service can provide information about its procedure.
Sources
- Guide to the Renters’ Rights Act, Ministry of Housing, Communities and Local Government, published 6 November 2025.
- Letting agents call for greater clarity over rent tribunals, Property Industry Eye, published 9 September 2026.
