You have done your research, served a Section 13 notice with what you believe is a fair market rent, and now you have received a letter saying your tenant has referred the proposed increase to the First-tier Tribunal (Property Chamber). Do not panic. This is a normal part of the system under the Renters' Rights Act 2025 (c. 26), and understanding the process will help you prepare and respond effectively.
How the Referral Works
When a tenant receives a Section 13 notice, they have the right to refer the proposed rent increase to the First-tier Tribunal at any time before the new rent takes effect. There is no fee for the tenant to make a referral. The tenant simply completes an application form and submits it to the Tribunal. Once the referral is made, the proposed rent increase is paused — the existing rent continues to apply until the Tribunal makes its determination.
What the Tribunal Does
The Tribunal's job is to determine the market rent for the property. It is not there to mediate between you and your tenant or to split the difference. The Tribunal will consider evidence of comparable rents for similar properties in the same area, taking into account the size, location, condition, and facilities of the property. It will also consider the terms of the tenancy. The Tribunal makes an independent assessment of what the open market rent should be.
The Rent Could Stay the Same or Go Down
This is the critical point that every landlord must understand. Under the Renters' Rights Act, the Tribunal cannot set the rent above your proposed figure — but it can set the rent at any level below it, including below the rent the tenant is currently paying. This means you could end up receiving less rent than before you served the Section 13 notice. Landlords should consider this risk carefully and ensure their proposed figure is supported by strong comparable evidence. In most cases, the Tribunal will set the rent at or below the landlord's proposed figure, and it is capped at the landlord's proposed amount.
Timeline of the Process
After the tenant submits the referral, the Tribunal will acknowledge receipt and send both parties directions, which are instructions about what evidence to submit and by when. You will typically have 14 to 28 days to submit your evidence. The Tribunal may decide the case on paper, without a hearing, if both parties agree. If a hearing is needed, it is usually scheduled within two to three months of the referral. The entire process, from referral to determination, typically takes two to four months, though this can vary depending on the Tribunal's workload.
How to Prepare Your Case
The strongest thing you can do as a landlord is to come armed with solid comparable evidence. This means current rental listings for similar properties in your area, details of recent lets if available, and any professional valuation or letting agent opinion you have obtained. Present your evidence clearly and in an organised format. Include photographs of the property to show its condition and specification. The Tribunal deals with these cases regularly and will quickly identify whether your proposed figure is supported by the evidence or whether it is optimistic.
What Happens After the Determination
Once the Tribunal has made its determination, the rent is set at the figure the Tribunal decides, which cannot exceed your proposed figure. This takes effect from the date specified in the original Section 13 notice. If the Tribunal's figure is lower than your proposed increase, the tenant pays the Tribunal's figure going forward. If the Tribunal agrees with your proposed figure, the tenant pays that amount. The Tribunal's determination is binding, and you cannot serve another Section 13 notice until twelve months have passed from the date the increase took effect.
Costs and Fees
There is no fee for the tenant to refer a rent increase to the Tribunal. For landlords, there is generally no fee to respond. Each party bears their own costs — the Tribunal does not normally award costs against either party unless there has been unreasonable conduct. This means you do not need a solicitor to represent you, although you can instruct one if you wish. Many landlords represent themselves successfully with well-prepared evidence.
Take Action
Preparation is key. Use our Rent Increase Calculator to check your Section 13 timeline before serving notice. Generate your document pack to get properly formatted notices and tenancy documents. For more on how the RRA changes possession and rent, see our guide on Section 8 Grounds for Possession.