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First-tier Tribunal rent increase: what happens next

By Section13Check teamLast reviewed England onlySources: GOV.UK, legislation.gov.uk, Shelter
Short answer

After you apply, the landlord gets a copy and has 28 days to respond on form MR2; you can reply on MR3. The tribunal often decides on the papers, but can inspect or hold a hearing. It decides validity first if you challenged it, then the open market rent. For notices from 1 May 2026, it cannot set more than the landlord proposed, and the new rent normally starts from the next rent period after the decision.

Who the tribunal is

The First-tier Tribunal (Property Chamber) is an independent tribunal run by HM Courts & Tribunals Service. Shelter describes a tribunal as like a court but a bit less formal. In rent cases, its job under the Housing Act 1988 is to decide the open market rent for your home: the rent the landlord could expect if the property were let on the open market.

The timeline

StageWhat happensTiming
ApplicationYou apply online or with form MR1Before the new rent start date
Copy to landlordTribunal sends it (online), or you send it (email/post)Straight away
Landlord responseLandlord may respond on form MR2, copying you and the tribunalWithin 28 days
Your replyYou can respond on form MR3After the landlord responds
Inspection or hearingOnly if the tribunal decides it is neededCould be a few months
DecisionWritten decision by post or emailAfter reviewing everything

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Inspections and hearings

GOV.UK says the decision is often made just on the documents. The tribunal may use online resources to look at the property. If you think an inspection or hearing is needed for a fair decision, explain why in your application. Shelter says the tribunal can visit your home if you or your landlord ask, and that hearings can be online, by phone or in person. Tell the tribunal about damp or repairs: it can take condition into account.

How the tribunal decides

If you challenged the notice's validity, the tribunal decides that first. If the notice is invalid, it will not determine the rent and you do not need to pay the proposed rent. If the notice is valid, or you did not challenge it, the tribunal works out the open market rent using the evidence from you and your landlord and its own expertise.

Shelter's example: a tenant paying £900 a month received a notice in June 2026 proposing £1,300. He showed similar homes rented for much less and described repair problems. The tribunal set the rent at £1,000.

What the decision can be

For notices received on or after 1 May 2026, Shelter says the new rent cannot be more than your landlord asked for. It could be the same or less. For notices received before 1 May 2026, the tribunal could set a higher rent than proposed.

When the new rent starts

Shelter says that for notices on or after 1 May 2026, the new rent normally starts from the next rent period after the tribunal sets the rent. GOV.UK describes the same idea: if the decision comes after the proposed start date, any new rent usually starts from the next payment date after the decision. Keep paying your current rent until then.

If paying from that date would cause hardship, you should have explained this in your application with full financial details.

If you disagree with the decision

GOV.UK says you can apply for permission to appeal, giving reasons why you disagree. Get advice from Citizens Advice or a law centre before doing so.

  • Keep paying current rent
  • Watch for the landlord's MR2 and reply on MR3 if needed
  • Ask for an inspection if repairs matter
  • Keep copies of everything you send
  • Read the decision for the new rent and start date

Preparing your MR3 reply

If your landlord responds on form MR2, read it carefully. Landlords often include their own comparables. Check whether those homes are really similar: are they bigger, newer, furnished, or in a better street? Your MR3 reply is your chance to explain the differences calmly, add any new evidence, and correct any facts about the property. Keep it focused and attach photos where they help.

Send copies to the tribunal and your landlord as instructed, and keep a full set yourself. If you need more time, the case management form (Order 1) lets you ask the tribunal to extend a deadline, copying your landlord.

Common mistakes to avoid

  • Applying after the start date in the notice.
  • Stopping or reducing rent payments while waiting.
  • Sending only adverts when agreed rents are available.
  • Forgetting to send a copy to the landlord when applying by email or post.
  • Not mentioning repairs or items you provided yourself.

What to send the tribunal

GOV.UK lists the documents to include: a copy of your tenancy agreement (or a valid reason you do not have one), the landlord's name, address and contact details, a copy of the notice, and your Help with Fees reference if you have one. Shelter adds photos of the outside of your home and of every room. A short description helps too: the number of bedrooms, any repairs needed, and whether there is parking or a garden. The more complete your first application, the less back-and-forth later.

Frequently asked questions

How long does it take?

It varies. Shelter says it could be a few months until a hearing date, if there is one.

Do I have to attend?

Often there is no hearing. If there is, it may be online, by phone or in person.

Can my landlord evict me for applying?

Shelter confirms you cannot be evicted for challenging a rent increase from 1 May 2026.

Can I change something in my application?

Yes, using the case management form (Order 1), copying your landlord.

Check your notice

See if your section 13 notice looks valid and your tribunal deadline, in about two minutes.

Check your notice →

Sources

Section13Check is a document helper, not legal advice. This guide explains the published rules for private tenants in England. For advice about your situation, contact Shelter, Citizens Advice or a law centre.