Rent Tribunal Challenges Have Quadrupled. What That Means Before You Serve a Section 13.

A year ago, First-tier Tribunal rent decisions ran at an average of 42 a month. In July 2026 there were 166. That is according to research by Hamptons, reported by Landlord Today, and it is close to four times the 44 decisions recorded in July 2025. If you are planning a rent increase under the Renters Rights Act, the chance your tenant challenges it is no longer a rounding error.

There is also a detail in the legislation that has not had much attention: the tribunal cannot raise your proposed rent, but it can cut it below what the tenant already pays. One London case did exactly that in September. This article covers what is driving the surge, what the law actually allows a tribunal to do, and a separate change announced by the government that has not taken effect yet but is worth knowing about.

The numbers

Research by Hamptons, reported by Landlord Today, puts First-tier Tribunal rent decisions at:

42 a month on average, in the year to late April 2026
109 in May 2026
129 in June 2026
166 in July 2026, against 44 in July 2025

Around 60% of recent applications are tenant-initiated. The average time from application to decision was 80 days in July 2026.

These figures come from Hamptons' research as reported by trade press, not from an official First-tier Tribunal or Ministry of Justice series, and there is no published data on how many of those decisions actually reduced or confirmed the proposed rent. Treat the volume as solid and the outcome rate as unknown.

Why tenants are challenging more

Before the Renters Rights Act, a tenant thinking about challenging a Section 13 rent increase faced three real deterrents. The tribunal could set the rent higher than the landlord had proposed. Any new rent could be backdated to the date the original notice expired, leaving the tenant with arrears. And a challenge could prompt a Section 21 eviction notice.

Frequently Asked Questions

Can a rent tribunal increase my rent above what I proposed?

No. Under section 14ZB(5) of the Housing Act 1988, the tribunal can never award more than the rent you proposed in your Section 13 notice. If it thinks the market rent is higher than your proposed figure, you still only get what you asked for.

Can a rent tribunal set my rent below what the tenant is currently paying?

Yes. There is no floor at the existing rent. Section 14ZB(5) sets the new rent at the open-market rent if that is lower than your proposed figure, and your proposed figure otherwise. If the tribunal's view of market rent is below the current rent, that lower figure is what gets awarded, even though it means an existing tenant's rent falls.

Is HMRC now deciding rent increase challenges instead of the tribunal?

Not yet. The government announced on 9 September 2026 that HMRC's Valuation Office will eventually take over rent challenge decisions in England, but there is no timetable. Until further legislation is passed, tenants still apply to the First-tier Tribunal, and they still do not pay the higher rent until the Tribunal makes its final decision.

How many rent tribunal challenges are there now compared to before the Renters Rights Act?

Research by Hamptons, reported by Landlord Today, found 166 tribunal rent decisions in July 2026, against 44 in July 2025, roughly four times as many. Decisions had averaged 42 a month in the year to late April 2026, before rising to 109 in May and 129 in June.