The First-tier Tribunal (FTT) Property Chamber in England hears residential property disputes including rent increase referrals under Section 13 of the Housing Act 1988. Following the commencement of the Renters' Rights Act 2025 on 1 May 2026, all rent increases for APTs must go through Section 13 — there is no longer any alternative contractual mechanism.
Tenants have the right to refer a proposed increase to the Tribunal at any point before the effective date. If a referral is made, the proposed increase is suspended until the Tribunal issues its determination. The Tribunal's market rent determination can result in a higher, lower, or equal rent to the landlord's proposal — but crucially, the Tribunal cannot set the rent below the current passing rent.
How a Section 13 notice triggers the right to refer
The Section 13 process and the tenant's right to challenge:
- Form 4A (Section 13 notice): The landlord must use the prescribed Form 4A to propose a rent increase. The form must specify the proposed new rent, the date it takes effect (at least 2 months from service), and the date of service
- Tenant's right to refer: The tenant can refer the proposed increase to the First-tier Tribunal at any time before the effective date shown on Form 4A
- Effect of referral: Once a referral is made, the proposed increase is automatically suspended. The current rent continues to be payable until the Tribunal issues its determination
- Referral application: The tenant applies to the Tribunal on the prescribed form (available on gov.uk). A small fee is payable (currently £100 for most cases)
- The Tribunal must determine the market rent as at the date of the proposed increase, not the date of the hearing
What the First-tier Tribunal can and cannot do
The Tribunal's powers are strictly defined:
- Can set the market rent: The Tribunal determines the open market rent for the property at the effective date, ignoring any sitting-tenant discount and disregarding the tenant's own improvements
- Cannot set the rent below the current passing rent: Even if the Tribunal finds the market rent is lower than the landlord's proposal, it cannot set the rent below the rent currently being paid. The floor is always the existing passing rent
- Cannot award costs (usually): The FTT does not usually award legal costs against the losing party in rent increase referrals. Both parties typically bear their own costs
- Can dismiss: If the landlord withdraws Form 4A or the tenant withdraws the referral, the Tribunal will dismiss the case
- The Tribunal's determination is binding and cannot be appealed except on a point of law to the Upper Tribunal (Lands Chamber)
What happens at a First-tier Tribunal rent hearing
The process from referral to determination:
- Statement of case: Both parties file a statement of case supported by evidence
- Landlord's evidence: The landlord should submit comparable rents (Rightmove/Zoopla listings for similar properties in the same postcode), the property's current EPC rating, evidence of improvements since the last rent review, and relevant market factors (low supply, strong demand)
- Tenant's evidence: The tenant typically submits comparable rents at lower prices or evidence that the proposed increase is above market levels
- Site visit: The Tribunal may arrange a member inspection, particularly for specialist or unusual properties
- Hearing: Most referrals are decided on the papers or at a short oral hearing. Hearings are informal compared to court proceedings
- Determinations are typically issued within 6–12 weeks of referral, though backlogs vary by regional Tribunal office
Evidence that matters at the Tribunal
The quality of comparable evidence is the key determinant of the outcome:
- Comparable properties: Rents for similar properties (bedrooms, location, condition, EPC) let within the last 6 months in the same street or neighbourhood. Use Zoopla Rental Estimate, Rightmove lettings data, and Land Registry Registered Rents
- Valuation report: A RICS-qualified surveyor's report opining on market rent carries significant weight. For higher-value properties or where the tenant is legally represented, instructing a surveyor is strongly recommended
- Property condition: Recent works (boiler replacement, kitchen renovation, redecorating) are relevant evidence justifying a higher market rent
- Local market conditions: Evidence of low vacancy rates, rising advertised rents, and demand pressure (MHCLG local authority rental statistics, estate agent market reports) supports a higher market rent
- Avoid: Unsupported assertions that rents have gone up. The Tribunal requires specific comparable evidence at the effective date of the proposed increase
Timing and what happens after a determination
After a Tribunal determination, the 12-month clock resets:
- Once the Tribunal sets a market rent, that rent becomes the contractual rent from the effective date of the original Form 4A
- The landlord cannot serve another Section 13 notice for at least 52 weeks from the effective date on the Tribunal-determined increase
- If the Tribunal sets a market rent higher than the landlord proposed, the tenant pays the higher Tribunal-determined rent from the original effective date
- If the Tribunal sets a market rent equal to or lower than the landlord's proposal, the landlord receives the Tribunal-determined rent — which cannot be less than the current passing rent
- Practical takeaway: serve Form 4A at a realistic market rent. Serving far above market invites a referral and delays any increase (sometimes by 6+ months) while the suspension runs
Frequently asked questions
My tenant has referred my Section 13 notice to the Tribunal — do I need a solicitor?+
Not necessarily. The First-tier Tribunal (Property Chamber) is designed to be accessible without legal representation. For straightforward cases where the proposed rent is close to the market evidence, preparing the comparables evidence yourself and filing a clear statement of case is feasible. For higher-value properties, disputed disrepair, or where the tenant is legally represented, consider instructing a RICS surveyor and appearing at the hearing. Solicitors are not usually cost-effective for individual rent review referrals.
Can the Tribunal set my rent lower than it currently is?+
No. The First-tier Tribunal cannot set the rent below the current passing rent, even if comparable market evidence suggests the market rent is lower. The floor is always the current contractual rent. A tenant referral cannot result in a rent reduction below the current level.
How long does a First-tier Tribunal rent referral take?+
Typically 6–12 weeks from referral to determination, though some regional offices have longer backlogs. During this period, the tenant pays the current rent. When the Tribunal issues its determination, the new rent is backdated to the effective date on the original Form 4A — so if the Tribunal confirms your proposed increase, the tenant owes the difference for all weeks the case was pending.
Can I withdraw my Section 13 notice after a referral to avoid a Tribunal determination?+
Yes. You can withdraw Form 4A at any time before the determination is issued. If you withdraw, the Tribunal dismisses the case and the current rent continues. You must then wait 52 weeks from the effective date of the withdrawn Form 4A before serving a fresh Section 13 notice. Withdrawal may be appropriate if you served at too high a rent and the comparable evidence does not support it — better to withdraw and re-serve at a defensible rent than face a determination at the current passing rent.