A Section 13 rent increase that looks too high: can you challenge it?
If you are a periodic assured shorthold tenant in England and a Section 13 rent increase looks well above the going rate, you can challenge it at the First-tier Tribunal (Property Chamber), for free or at low cost. The tribunal decides the open-market rent, so it can set the rent lower than proposed, the same, or in principle higher. The single most important rule is the deadline: you must apply before the date the increase is due to take effect, and you should not start paying the new rent, as that can be treated as agreeing to it.
Written by the team behind Agent Rae, our tenant rights specialist. This guide is general information about UK law, reviewed for accuracy.The tribunal route
If you are a periodic assured shorthold tenant in England and your landlord wants to raise the rent, they will often use a formal 'Section 13' notice. If the proposed increase looks well above the going rate, you can challenge it, for free or at low cost, but the timing rules are strict.
The route is the First-tier Tribunal (Property Chamber). You apply to the tribunal to decide the rent, and there is either no fee or a modest one depending on the current rules. The tribunal does not look at whether you can afford the increase or how much the landlord's costs have risen. It looks at the open-market rent: what the property would let for to a new tenant, based on comparable local properties. Two consequences follow from that. First, the tribunal can set the rent lower than proposed, the same, or in principle higher, so it is worth checking local comparables before you apply. Second, you should gather evidence of what similar nearby properties actually rent for.
The deadline is everything
The single most important point is the deadline: you must apply to the tribunal before the date the increase is due to take effect on the Section 13 notice. Miss that date and you generally lose the right to challenge.
There is also a trap to avoid: do not simply start paying the new higher rent while you decide. Paying it can be treated as agreeing to it, which closes off the challenge.
Check the notice itself
If the notice itself is defective, for example wrong dates, wrong form, or served too soon after a previous increase, that can be a separate ground to resist it, so check the notice carefully.
This applies to assured shorthold tenancies in England; Wales and Scotland have different systems.
File before the deadline, with comparablesRae drafts a prompt, well-evidenced tribunal application referencing local market comparables, filed before the deadline, which is what preserves your right to challenge.£5 launch price (normally £19.99)Start my letterCommon questions
Can I challenge a Section 13 rent increase?
Yes, if you are a periodic assured shorthold tenant in England. You apply to the First-tier Tribunal (Property Chamber) to decide the rent, for free or at low cost. The tribunal looks at the open-market rent based on comparable local properties.
Could the tribunal set my rent higher than proposed?
In principle, yes. The tribunal can set the rent lower than proposed, the same, or in principle higher, because it decides the open-market rent rather than whether you can afford the increase. It is worth checking local comparables before you apply.
What is the deadline to challenge?
You must apply to the tribunal before the date the increase is due to take effect on the Section 13 notice. Miss that date and you generally lose the right to challenge.
Should I pay the new rent while I decide?
No. Do not simply start paying the new higher rent while you decide. Paying it can be treated as agreeing to it, which closes off the challenge.