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Rent

Tenant challenges to rent: do not charge the higher rent until the tribunal decides

A tenant can refer a proposed increase to the First-tier Tribunal before it takes effect, or challenge the starting rent in the first 6 months. The tribunal cannot set more than you proposed, and the higher rent is not payable until it decides.

Status
In force since 1 May 2026
Penalty
See below
Topic
Rent

Who it applies to

A tenant of a private assured tenancy applies to the First-tier Tribunal (Property Chamber) about a Form 4A notice or, within 6 months of the tenancy starting, about the initial rent.

What you must do

If the tenant applies before the start date in your Form 4A, keep charging the existing rent until the determination. The new rent then takes effect from the start date in your notice if that is on or after the decision, otherwise from the first rent period starting on or after the decision (or a later date the tribunal sets for undue hardship, up to 2 months after the decision). The determined rent cannot exceed the rent you proposed. For an initial-rent challenge, any reduced rent applies from the date the tribunal directs (not before the application).

Deadline

Ongoing

Tenant must apply before the date in question 4.6 of Form 4A (s.14(A3)); initial-rent challenges within 6 months of the tenancy start (s.14(A2)).

Evidence to keep

  • Tribunal application and decision
  • Rent account showing old rent charged until the determination

If you do not comply

Other consequences
Rent above the determined or proposed amount is not lawfully due.

The law

Official guidance

Notes

Tenant application form is MR1 (fee £47 per GOV.UK). The tenant can also ask the tribunal whether the notice is valid (HA 1988 s.13B). Government announced on 9 September 2026 that HMRC's Valuation Office will take over initial rent determinations; until that happens challenges stay with the First-tier Tribunal (see rent-determination-moving-to-valuation-office).

6 rules