The First-Tier Property Tribunal isn’t new and has long been able to preside over a range of disputes. One of its main powers has been to arbitrate on disputes between landlords and tenants when it comes to rent increases. However, the number of tenants using the service historically has been low. But there are signs that this may change.
What’s changed?
The Renters’ Rights Act (RRA) overhauled the legal landscape surrounding rent challenges at the First-Tier Tribunal, introducing key provisions that significantly lower the risk and burden for tenants:
- No risk of a double rent increase: Previously, tenants faced the risk that a tribunal might determine the market rent was actually higher than what the landlord originally requested. Under the RRA, this downside risk is removed; the tribunal cannot impose a higher rent than the landlord’s proposed notice.
- Elimination of backdated rent: Rent increases determined by the tribunal can no longer be backdated to the notice date, removing the threat of sudden, accumulated arrears.
- Hardship deferrals: Tribunals now hold explicit powers to defer rent increases in cases where payment would cause "undue hardship" to the tenant.
- Extended notice & challenge rights: Universal rights to challenge, paired with extended notice periods, give tenants greater transparency and time to prepare an appeal.
Disconnecting from the market
Historically, the number of tribunal decisions rose and fell alongside rental growth. For instance, as rental growth peaked above 10% through late 2024 and early 2025, tribunal decisions also peaked at just over 80 a month, above the usual numbers of between 30 to 50 per month.
By early 2026, rental growth had begun cooling. In April 2026, the tribunal registered just 37 decisions. But in May 2026—the month that the Renters’ Rights Act became law—decisions nearly tripled to 109, even though almost all of these related to applications received before the RRA came into force.
This momentum has escalated through the summer months, with decision numbers climbing to 129 in June and reaching 143 in July. And these figures are likely to continue rising as further decisions are published.
Faster turnaround times
The proportion of cases submitted under the post-RRA framework has grown rapidly: by August 2026, 73% of all tribunal decisions involved applications submitted on or after May 1st, meaning decisions were governed by the new rules.
Despite rising case volumes, our analysis shows that tribunal processing efficiency has improved dramatically. In early 2026, the average duration between application and decision stood at roughly five to six months (173 days in March 2026).
By July, however, average processing times dropped to just 82 days (under three months), before edging up slightly to 93 days in August.
Substantiating rents
Our analysis of recent decisions shows that the Tribunal places great weight on recently achieved local rental values. Proposed rents are highly likely to be viewed as reflective of the market rate where they are substantiated by strong evidence.
Less weight is placed on advertised rents or non-engagement with the Tribunal process. Some self-managing landlords in particular (who accounted for 42% of decision cases in August) have failed to substantiate their proposals to increase the rent.
However, around a quarter of decisions made in recent months discounted the market rent due to the condition of the property. Factors range from the age of white goods to the condition of carpets or even the property's EPC rating. This proportion hasn’t changed materially since the Renters’ Rights Act became law.
Looking ahead
The decoupling of rental growth and tribunal decisions may mark a fundamental shift in private renting. As statutory protections eliminate many of the downside risks for renters, challenging rent increases may become more standard procedure rather than a rare last resort.
For both landlords and tenants, clear documentation, accurate valuation, and, most importantly, robust market data of achieved rents will be essential to substantiate any changes to the rent being paid.
