Tribunal rent challenges are rising sharply. Here is what the Section 13 tribunal process means for brokers advising buy-to-let clients
Letting agents are pressing for clearer guidance on the Section 13 tribunal process, warning that confusion around the rules is making disputes harder to resolve.
The call comes from the Association of Residential Letting Agents (ARLA) Propertymark, following the Renters’ Rights Act 2025 coming into force on 1 May 2026. The Act made the Section 13 notice the only legal route for private landlords in England to raise rent on a periodic tenancy. Landlords must give tenants at least two months’ notice of any proposed increase.
Tenants who believe an increase is above the local market rate can challenge it through the First-tier Tribunal. That right of challenge is now being used at a significantly higher rate.
Section 13 tribunal process: what the data shows
Tribunal applications rose 58% after the Act took effect, according to Ministry of Justice data obtained by Landlord Studio. In the three months before 1 May 2026, applications averaged 6.9 per day. In the six weeks after, that figure rose to 10.8.
Applications were already climbing before the Renters’ Rights Act came into force, more than doubling from around four per day in February 2026 to nine per day in April.
A landlord client facing a Section 13 tribunal challenge is a landlord whose rental income is uncertain. That uncertainty can affect portfolio reviews, refinancing conversations, and a lender’s assessment of serviceability.
Greg Tsuman, past president of ARLA Propertymark, said the tribunal process itself is adding to the difficulty. “We need much greater clarity around the tribunal process, including clearer guidance, simpler forms and practical advice for tenants who want to challenge a rent increase before it takes effect,” he said.
Tsuman also highlighted a specific point brokers should be aware of when discussing rent levels with landlord clients. “There also needs to be a better understanding of the evidence tribunals consider. They are looking at achieved rents rather than simply advertised asking rents, and that distinction is important for both landlords and tenants.”
How early conversations can keep landlords out of the tribunal process
Kim Lidbury, ARLA Propertymark president, said early communication is often what prevents a dispute from escalating.
“A tenant is sometimes using a Section 13 notice as an opportunity to raise concerns for other reasons outside of rent increases, or they are not telling us about their circumstances,” Lidbury said. “Because they are not having those conversations with us, they have gone straight to the tribunal stage, which can make things more difficult.”
Tsuman agreed that landlords and tenants can reach an agreement without involving the tribunal at all. “In most cases, tenants can still negotiate with their landlord as an alternative to a tribunal. Whilst this is still an informal challenge, the two-month notice period can result in a better deal for the tenant, especially if the landlord is confident with the comparables.”
What brokers should flag with landlord clients now
Under the Act, a tribunal cannot set the rent higher than what the landlord originally asked for. A landlord who proposes an inflated increase — hoping to negotiate down — gains nothing from the tactic. They risk a tribunal setting the rent lower than a reasonable, evidence-backed increase might have secured.
There is a separate issue brokers should check. Some lenders have yet to update their mortgage conditions since the Renters’ Rights Act abolished assured shorthold tenancies on 1 May 2026. Brokers should flag this documentation gap with clients as soon as possible.
