Tenant Rent Challenges Rise 58% Since Renters’ Rights Act

Tenants are challenging rent increases at the First-tier Tribunal at a significantly higher rate since the Renters' Rights Act rent rules took effect, according to new Ministry of Justice data obtained by Landlord Studio.

In the six weeks after the new Form MR1 went live on 1 May 2026, the tribunal received applications at a rate of 10.8 per day. In the three months before the change, the equivalent figure was 6.9 per day. That's a 58% increase, and the data suggests it isn't a temporary spike.

What the data revealed

Landlord Studio submitted a Freedom of Information request to the Ministry of Justice (reference 260601079, answered 2 July 2026) asking HM Courts and Tribunals Service for the number of rent determination applications received before and after 1 May 2026.

Before 1 May, tenants challenged a rent increase under sections 13 and 14 of the Housing Act 1988 using the old Rents1 form. From 1 May, that route was replaced by Form MR1, the new application for an open market rent determination introduced under the Renters' Rights Act.

Across the three months before the change, the tribunal received 611 applications over 89 days. In the first 45 days of the new system, it received 487, a daily rate 58% higher.

Two other details stand out from the response. First, applications were already climbing before the Act took effect, more than doubling from 4.1 per day in February to 9 per day in April. That's consistent with landlords serving rent increase notices ahead of the 1 May reforms, and tenants responding. Second, withdrawals remain a small fraction of the total: 33 in May and 13 in the first half of June. The vast majority of tenants who apply are seeing it through.

The MoJ confirmed it does not hold data on the outcomes of determined applications, so there is no official picture yet of how often the tribunal reduces the proposed rent.

Why challenges are rising

The increase is no accident. The Renters' Rights Act deliberately removed the two things that used to deter tenants from challenging.

Under the old rules, a tenant who went to tribunal risked the rent being set higher than the landlord had proposed, and the increase being backdated. From 1 May 2026, neither applies. The tribunal can confirm or reduce the proposed rent but cannot increase it, and the new rent only takes effect from the tribunal's determination rather than being backdated to the notice date.

At the same time, Section 13 became the only lawful route to increase rent on an assured periodic tenancy. Rent review clauses are void, increases are limited to once a year, and notice must be served on the prescribed Form 4A with at least two months' notice. A tenant who wants to challenge simply submits Form MR1 before the notice period expires. For the full background, see our guide to Section 13 notices of rent increase and the Renters' Rights Act implementation timeline.

In short, challenging a rent increase is now close to risk-free for tenants. The numbers show they've noticed.

What a challenge actually costs a landlord

The FOI response also gives the first official measure of how long a challenge takes. From receipt of application to tribunal decision, the mean is 18.06 weeks and the median is 13.43 weeks.

Because the new rent cannot take effect until the tribunal decides, a challenge freezes your increase at the old rent for that entire period. At the median, that's over three months of deferred income. On a £100 per month increase, a routine challenge costs you around £300 even if the tribunal ultimately agrees with your figure, and considerably more if your case runs closer to the mean.

Applied to the current volumes, roughly 340 landlords a month are now entering that queue.

How to make your next rent increase stick?

The tribunal's test is whether the proposed rent exceeds the open market rent for the property. That makes evidence the whole game. Before serving a Section 13 notice:

1) Ground the figure in comparables

Base your proposed rent on genuinely comparable local lettings rather than a round-number uplift. Our guide to proving open market rent for a rental increase walks through what the tribunal treats as persuasive evidence, and how to build your case before you serve notice.

You can also try our open market rent calculator to support with this.

2) Keep the increase defensible

An increase pitched at or slightly below clear market evidence gives a tenant little to win by challenging, and gives you a strong position if they do. Our guide to what counts as a fair rent increase covers how to pitch it.

3) Get the notice right

Use the current prescribed Form 4A, give at least two months' notice, and respect the once-a-year limit. A defective notice restarts the clock entirely.

With challenges up 58% and each one costing three months or more of the higher rent, the cheapest insurance is a rent increase you can evidence. Landlord Studio's income and expense records give you a clean, dated history of the rent actually paid on the property, which is the starting point for any tribunal bundle. Create your free account today.

FAQs

What is Form MR1?

Form MR1 is the application a tenant submits to the First-tier Tribunal (Property Chamber) to challenge a proposed rent increase, asking the tribunal to determine the open market rent. It replaced the old Rents1 route on 1 May 2026 and can be submitted online or by post.

Can the tribunal set a rent higher than I proposed?

No. Under the Renters' Rights Act, the tribunal can confirm or reduce the proposed rent but cannot increase it above the figure in your Section 13 notice.

Is the new rent backdated if the tenant loses?

No. The new rent takes effect from the tribunal's determination, not from the date your notice would have expired. The waiting time is deferred income you don't get back.

How long does a rent tribunal decision take?

According to MoJ data released in July 2026, the median time from application to decision is 13.43 weeks, with a mean of 18.06 weeks.