As an industry, we predicted it would happen. Now the numbers confirm it.
Rent increases are being appealed and taken to tribunal in record numbers. If anything, those numbers are showing up clearly in the data even faster than we expected.
In July 2026, the First-tier Tribunal (Property Chamber) made 166 rulings. That is almost four times the 44 recorded in July 2025.
And it is not a one-off spike either. Monthly averages have been climbing steadily: from 42 decisions a month (the average up to and including April 2026) to 109 in May, 129 in June and then 166 in July, as mentioned.
We await August’s figure, but have little doubt this is part of a trend – particularly if the anecdotal evidence from industry peers is anything to go by.
In case you missed it, here’s why rent increase challenges are happening now
By now, we tend to assume that anyone can put this jigsaw together – but that is actually not the case near as often as we lettings industry folk might think; so for those who are unsure, here is why rent increases are being challenged in greater numbers than we’ve been used to.
The timing lines up squarely with the Renters’ Rights Act, which came into force on 1 May 2026. Of July’s cases, 60% were initiated by tenants since that date.
And two features of the Act in particular explain the jump:
No more fear of retaliatory eviction. With Section 21 “no-fault” evictions abolished, tenants no longer have to weigh a rent challenge up against the risk of being asked to leave. That’s removed perhaps the single biggest deterrent to using the tribunal.
The financial risk has flipped. Previously, if a tribunal upheld an increased rent, the new figure would normally take effect from the date specified in the landlord’s Section 13 notice. That meant a tenant could potentially emerge from a lengthy tribunal process owing months of increased rent.
Under the new system, an increase determined by the tribunal will generally take effect from the beginning of the next rent period after its decision. For tenants, contesting a rent increase therefore carries considerably less financial downside.
A shift in the dynamic
Much of the commentary around these figures has presented this as a genuine shift in bargaining power in favour of tenants.
But actually, we find this to be a little simplistic. The changing dynamic does reflect that tenants feel less risk in challenging rent since the Renters’ Rights Act came into force, that’s true. But why should they fear challenging a rent increase, at risk of being evicted from their home?
This is what the removal of Section 21 does for them.
And why should they be exposed to financial risk for bringing a challenge?
This is the danger that has been removed for them by not backdating rent increases. That is more nuanced because, at the same time, if a landlord wishes to increase rent legitimately and fairly, the very reasonable counterargument, from our point of view, is: why should they be deprived of market rent for any period, if the tribunal finds the rent increase fair?
Ergo, there must be an effort to expedite these cases in order that landlords are kept waiting no longer than needed.
And that raises another point.
Landlords proposing rent increases now need to come armed with robust market evidence, comparable lettings, formal notes about property condition, location, amenities, recent transaction data – as well as showing a strict adherence to the Section 13 notice process.
That said, and again, we have to ask: why would a landlord not show these things, if the rent increase had been assessed fairly and kept in line with market rents? And why is it fair to ask an incumbent tenant to pay more than market rent? Especially if a professional managing agent is involved, this sort of detail should be par for the course, easily provided, and justified in a tribunal setting.
The reality is that, under the RRA, rent challenges look set to become a major and recurring category of dispute. Our bigger and more concern here is that it is something that will keep building pressure on the tribunal system over time. I am yet to be convinced that the system as it is will cope with this new volume – although more on that shortly.
For now, on the question of ‘why now?’, there is one more important factor to consider:
Awareness.
The Act has raised the tribunal’s profile, and as more tenants become aware it exists – and not only that, but that using it is low-risk – these cases are likely to keep climbing.
None of this should come as a shock given the current affordability pressures we know tenants are under, just like anyone else. A new report by Lomond this week suggests that tenants now spend almost one third of their income on rent alone.
Here in Edgware, rent averages £2,212. That marks a 3.6% rise in just one year, ahead of the 3% increase seen across London as a whole.
Is the First-Tier Tribunal system keeping up?
I mentioned earlier in this piece that I was not yet convinced that the system will cope. That is not the same as saying I find it unconvincing.
There is in fact some reason to be cautiously optimistic, though I believe we need to see what happens over time. Let’s call it reserving judgment, for now.
The reason for that cautious optimism, then? That despite the volume increase in cases brought, tribunals are actually getting faster. The average time from application to decision fell to 80 days in July, down from 113 days in May and 172 in April. A steady and definite improvement month by month.
And it is an improvement that is happening alongside a wider recruitment effort.
The Ministry of Justice has committed to recruiting around 1,000 judges and tribunal members a year. with property tribunals named as a priority area.
Therefore, despite some industry commentary, it isn’t accurate to say that nothing is being done about capacity. Recruitment is underway to build that extra capacity.
What is still not certain – and this is where I can’t yet fully endorse the new system or process – is whether a surge of this scale that we’re only seeing the start of, sustained over time, will outpace that recruitment.
Four months of falling decision times is encouraging, but it is only a short run of data against a caseload trend that we observe to be still climbing.
What landlords need to think about when considering rent increases
Rent reviews are not a formality. They never really have been, but admittedly it is easy to see how the shift in dynamic exposes a system that was previously weighted in favour of landlords.
Any proposed increase needs to be evidence-led from the outset. Comparable local lettings market evidence, up-to-date market data, and a Section 13 notice that’s watertight.
Some landlords, against or outside the advice of professional lettings agents or property managers, will still try to treat this process as a money-making exercise. They will be the ones most likely to end up at tribunal, and most likely to be found against in the tribunal process.
Landlords who follow sensible market evaluation practices are less likely to be challenged. If they find they are challenged, they will be more likely to have their proposed rent accepted.
One key thing we come back to, encouraging as those falling wait times currently are, is that for the sake of those landlords, and in absolute fairness to them, we need to see this wait time brought down further and further still, to avoid the logjam and enable those fair, just and reasonable private sector landlords to generate a fair rental income.
If you are considering increasing your rent this year, get in touch with us here at Petermans, and let’s arrange a proper review.