Legal experts are increasingly concerned about the number of rental disputes reaching property tribunals since the Renters Rights Act kicked in this year.
Letting agency Hamptons says property tribunals made 166 market rent decisions in July alone – almost four times the 44 decisions made in July 2925.
The monthly average was 42 decisions during year to late April 2026. But this rose to 109 in May and 129 in June.
Tenants initiated some 60% of the most recent cases.
The temptation for tenants to use this route has become greater as it’s now cheap and if a tribunal approves the landlord’s proposed rent, the tenant pays the higher amount from the date of the decision, not from the date of the landlord’s original request.
The average period between an application and decision was 80 days in July.
Paul Rooke, partner at Mayo Wynne Baxter, says: “The latest tribunal data is a clear indication that the Renters’ Rights Act has shifted the balance of power towards tenants.
“By removing the threat of retaliatory section 21 ‘no-fault’ eviction and eliminating the risk of backdated rent liability if a challenge is unsuccessful, the Act has reduced the downside for tenants who wish to contest rent increases.
“The sharp rise in tribunal applications can be seen as a reflection of tenants feeling empowered to exercise rights that previously existed in theory but were often underused in practice.
“It is important for landlords to note that rent increases can no longer be justified simply by reference to rising costs.
“Any proposed increase must be supported by robust evidence of market rent, including comparable local lettings, property condition, location, amenities and recent rental transactions.
“A clear audit trail showing how the figure was reached and ensure strict compliance with the statutory section 13 process will need to be kept.
“Evidence, rather than assumption, will increasingly determine outcomes.
“It is expected that rent challenges will become a significant new category of landlord and tenant dispute.
“Current figures suggest tribunals are coping and processing times have improved, but sustained growth in applications may place pressure on a system already dealing with service charge, leasehold and other property disputes.
“As awareness of tenants’ rights increases, landlords should expect greater scrutiny of rent review decisions and they should treat evidence gathering and procedural compliance as essential risk management tools.”
Kristine Ng, partner at Morr & Co, comments: “The increase in tribunal challenges is not particularly surprising.
“Many landlords are seeking to increase rents to reflect current market conditions, while tenants remain under significant affordability pressures and are increasingly willing to question whether those increases are justified.
“The right to challenge a rent increase is not new.
“What has changed is that the Renters’ Rights Act has made disputes about rent increases much more prominent in practice.
“Tenants appear increasingly willing to use the tribunal to test whether a proposed increase genuinely reflects the market rent for the property.
“The abolition of section 21 ‘no fault’ evictions and changes to the financial consequences of bringing a challenge have also reduced some of the factors that may previously have discouraged tenants from doing so.
“For landlords, the key point is that the tribunal is concerned with market rent, rather than simply whether a landlord has experienced increased costs.
“A landlord may have perfectly legitimate reasons for seeking a higher rent, but if a challenge is brought the question will ultimately be what rent the property could reasonably achieve on the open market.
“Landlords should therefore ensure that any proposed increase is supported by evidence of comparable local lettings and prevailing market conditions.
“As awareness of these rights grows, rent determination cases are likely to become a much more prominent feature of the residential landlord and tenant landscape, placing increasing demands on tribunal resources.”
