Since 1 May 2026, a Section 13 notice is the only way to increase rent on a periodic tenancy. Every tenant can refer that increase to the First-tier Tribunal for a market rent determination, and the process costs them just £47.
Most landlords assume that means most increases get challenged and cut. The tribunal data tells a different story — and a recent decision shows exactly what separates a rent increase that survives from one that doesn’t.
What a fresh analysis of 200 decisions found
Property analytics firm LonRes reviewed the GOV.UK register of residential property tribunal decisions, examining a random sample of 200 market rent determinations where the tribunal had set out its reasons.
The finding: in close to half of those decisions, the evidence disclosed a real problem — an explicit shortage of comparable evidence, a party who submitted nothing at all, or a panel that had to fall back on its own general knowledge of the local market in the absence of anything better.
That is a striking gap, because the process rewards preparation more than almost any other area of landlord and tenant law. Turning up with a proper evidence pack is not a marginal advantage. It is close to the whole game.
Why a well-evidenced notice has no downside
Under the Renters’ Rights Act, the tribunal is capped at whatever figure you proposed. It can reduce your increase to the open market rent it decides on — but it can never increase it beyond what you asked for.
That asymmetry means there is no reason to under-propose out of nervousness about a challenge. Propose the genuine market rent, evidence it properly, and the worst outcome is the tribunal agreeing with a lower comparable figure than you expected — not a penalty for asking.
What does carry real risk is the process itself. An invalid Form 4A, or a notice period served short, gets a claim dismissed regardless of how strong the market evidence is. Since 1 May 2026 the minimum notice period is two months, up from one.
What actually won a recent case
A recent tribunal decision illustrates the point precisely. The tenant challenged a proposed increase using lower advertised prices for comparable properties as their evidence. The landlord countered with evidence of rents actually achieved on recently completed lettings in the same area — what tenants were genuinely signing up to pay, not what was listed as an opening ask. The tribunal backed the landlord’s proposed figure.
The lesson is not that achieved rents always beat asking rents. Other tribunal guidance suggests current asking prices can carry more weight precisely because they reflect what the market will bear right now, whereas a completed letting may already be a few months stale.
The real lesson is narrower and more useful: bring more than one type of evidence, and make sure it is current. A tenant who shows up with only a handful of cherry-picked asking prices is exactly the kind of one-sided case LonRes found in roughly half the sample. A landlord who brings both current listings and genuine completed lettings is far harder to out-argue either way.
Building a defensible evidence pack
Six things, assembled before you serve the notice rather than scrambled together after a challenge lands.
- Current asking-rent comparables. Five to ten similar properties currently marketed on Rightmove, Zoopla or OnTheMarket. Screenshot or save as PDF, capturing the listing URL, the date, and the asking rent — not just the figure.
- Achieved-rent comparables where you can get them. What similar properties in the area have actually let for recently. A local letting agent can often supply this informally.
- A local market commentary. A short written note from a RICS-registered letting agent confirming the current market rent range for the property type. Not essential, but persuasive.
- Property condition evidence. Photographs showing the current state of the property, and anything you have improved — a new kitchen, new bathroom, double glazing. This supports the value, not just the comparables.
- Compliance and maintenance records. Current EICR, gas safety certificate and EPC. This is not the primary case, but a clean compliance history reduces the chance the tribunal doubts everything else you have submitted.
- Proof the Form 4A was served correctly. A copy of the notice, plus evidence of service — recorded delivery confirmation, an email read receipt, or a witnessed hand delivery. Get this wrong and none of the rest matters.
The trap: no backdating
Worth understanding, because it shapes tenant behaviour and therefore yours.
If a tenant refers your notice to the tribunal, any increase the tribunal orders takes effect only from the date of the tribunal’s decision — not from the date on your original notice. That gives a tenant a genuine incentive to challenge even a fair increase, purely to delay it while waiting for a hearing, since there is no financial downside to trying.
You cannot design around this entirely, but a well-evidenced notice served correctly, with two months’ clear notice, gives a tenant far less reason to think a delay tactic might also produce a lower figure.
Is the property even in scope?
The Section 13 tribunal route applies to assured tenancies. Since every assured shorthold tenancy converted automatically to a periodic assured tenancy on 1 May 2026, this now covers almost the entire private rented sector.
The exceptions are narrow: resident-landlord lettings (lodgers), genuine holiday lettings, and agricultural occupancies. If you are unsure whether one applies, get advice before relying on it — a procedural argument that a tenancy falls outside the regime can matter more than the market evidence itself.
Frequently asked questions
Can the tribunal increase my rent above what I proposed?
No. The tribunal can only match or reduce your proposed figure. There is no risk in proposing a genuine market rent and evidencing it properly.
How much notice do I need to give now?
A minimum of two months, up from one month before the Renters’ Rights Act. Serve on Form 4A, the prescribed form updated for the Act.
What if my tenancy still has a rent review clause?
It no longer works. Any contractual rent review or automatic increase clause became void from 1 May 2026. Section 13 is now the only lawful route on a periodic tenancy.
What happens if the tenant simply does nothing?
If they do not refer the notice to the tribunal before the proposed start date, the new rent takes effect as you proposed it.
Should I use a letting agent’s comparables or find my own?
Both if you can. Your own screenshots of current listings are free and straightforward. An agent’s local market commentary adds professional weight but is not essential — do not delay serving a well-supported notice waiting for one.
Does a strong compliance record actually help?
It is not the primary case, but a clean record with current certificates reduces the chance the panel doubts the rest of your evidence. A landlord who cannot produce basic compliance paperwork looks less credible generally.
- Analysis of 200 tribunal decisions found close to half had thin or missing evidence
- Tribunal cannot exceed your proposed rent — only match or reduce it
- Minimum notice now two months, via Form 4A
- Increases are not backdated — effective only from the tribunal’s decision date
- Application fee for a tenant is £47
- Bring current asking rents and achieved rents, not just one
- Rent review clauses in tenancy agreements are void since 1 May 2026
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RentalReadyUK produces plain-English compliance guides for private landlords in England, written against primary sources and current tribunal guidance. This article is general information and not legal advice. Tribunal outcomes are fact-specific — for a high-value or contested increase, take advice from a solicitor or RICS-registered agent.