Does my tenant keep paying rent during a tribunal challenge?

Yes. Referring the notice pauses the increase, not the tenancy. The tenant must keep paying the existing rent in full until the tribunal decides, and normal arrears rules apply to that rent.

Rent increase tribunal challenges: what happens when your tenant refers your Section 13 notice

Q: Can the tribunal set the rent higher than I proposed?

No. Since 1 May 2026 the First-tier Tribunal can only confirm the rent you proposed on Form 4A or set a lower figure. It awards the open market rent or your proposed rent, whichever is lower - it can never go above your figure.

Q: Is the new rent backdated once the tribunal decides?

No. Under the Renters' Rights Act the new rent takes effect from the next rent payment date after the tribunal's decision, not from the date on your notice. The tribunal can also delay it further where the increase would cause the tenant undue hardship.

Q: Can I stop my tenant going to the tribunal?

No. Referring a Section 13 notice to the First-tier Tribunal before the proposed start date is the tenant's statutory right, and any clause claiming to remove it has no effect. Your best protection is a realistic market figure and solid comparable evidence.

Updated July 2026 · Applies to England · 6 minute read

Since 1 May 2026 there is exactly one way to raise the rent on an assured periodic tenancy in England: a Section 13 notice on prescribed Form 4A, with at least two months' notice, no more than once in any 12 months. Your tenant then has a statutory right to refer that notice to the First-tier Tribunal (Property Chamber) at any time before the proposed start date. If they do, the increase is paused automatically. This guide explains what happens next, what the tribunal can and cannot do, and how to come out of it with your increase intact.

Why tribunal challenges have become common

Before the Renters' Rights Act, challenging a rent increase carried a real risk for tenants: the tribunal could decide the market rent was higher than the landlord proposed and set it there. That risk is gone. The tribunal can now only confirm your figure or reduce it, the application fee is modest (currently £47), and because the new rent is no longer backdated, every week the case waits is a week the tenant pays the old rent. A tenant who challenges a perfectly fair increase loses nothing. Expect challenges even to reasonable notices, and plan for them when you serve.

What changed at the tribunal on 1 May 2026

Rule	Before 1 May 2026	Now
Highest possible outcome	Tribunal could set the rent above the landlord's proposed figure if the market justified it	Capped at your Form 4A figure - the tribunal awards the open market rent or your proposed rent, whichever is lower
Start date of the new rent	Could be backdated to the date in the notice	Takes effect from the next rent payment date after the tribunal's decision - never backdated
Hardship	No general power to delay for hardship	Tribunal can delay the increase further where it would cause the tenant undue hardship
Notice period	One month for monthly tenancies	At least two months, giving tenants longer to decide whether to challenge

The process, step by step

The tenant applies before the start date. If no application reaches the tribunal before the date on your notice, the new rent takes effect automatically. If one does, the increase is paused.
The old rent keeps flowing. Your tenant must carry on paying the existing rent in full until the decision. Normal arrears rules apply to that rent.
Both sides submit evidence. The tribunal directs what it wants and by when. Most cases are decided on the papers; some involve a hearing or an inspection.
The tribunal assesses the open market rent - what the property would reasonably let for today, in its actual condition, on the same terms.
The decision sets the rent at the market figure or your proposed figure, whichever is lower.
The new rent starts from the next payment date after the decision. The difference between old and new rent during the waiting period is simply lost - there is no backdating and no recovering it later.

Do not try to sidestep the process. Rent review clauses in tenancy agreements have no effect under the Renters' Rights Act, and any increase demanded outside a valid Form 4A notice is unenforceable. A defective notice - wrong form, short notice period, less than 12 months since the last increase - wastes months, because you must start again.

How to give your increase the best chance

The tribunal decides on evidence, not opinion, so the work happens before you serve. Pitch the new rent at a defensible market level rather than an ambitious one - anything above market invites a challenge you will partly lose. Collect comparables when you serve, not when a challenge lands: three to five similar properties nearby, with screenshots, dates and rents. Achieved rents carry more weight than asking prices, which often overstate the market. Be honest about condition, because the tribunal values your property as it actually is, not as the freshly refurbished flat in your comparables. And serve correctly in the first place - the right form, the right dates and proof of service protect the increase itself.

One more change worth knowing: in the first six months of a new tenancy, a tenant can also ask the tribunal to review the initial rent if it is above open market level. Setting a realistic rent at the start of an assured periodic tenancy matters more than it used to.

Serving a Section 13 rent increase?

Our Rent Increase Pack prepares your Form 4A details, serving letter and step-by-step guide from your answers - including the dates that make the notice valid - delivered instantly as PDF and Word. £14, one-off.

Prepare my rent increase →

Frequently asked questions

Can the tribunal set the rent higher than I proposed? No. Since 1 May 2026 it can only confirm your Form 4A figure or set a lower one.

Does my tenant keep paying rent during the challenge? Yes - the existing rent, in full, until the decision. A challenge pauses the increase, not the tenancy.

Is the new rent backdated once the tribunal decides? No. It starts from the next rent payment date after the decision, and the tribunal can delay it further for undue hardship.

Can I stop my tenant going to the tribunal? No - it is a statutory right, and no clause can remove it. Realistic pricing and good comparable evidence are your real protection.

This guide is general information for landlords in England, not legal advice for your specific circumstances. Check the current prescribed form and tribunal fees on GOV.UK before serving any notice.