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Renters’ Rights Act: Rent Reviews
Under the provisions of the Renters’ Rights Act, landlords will still be able to increase rent once every 12 months, ensuring their property continues to achieve a fair, open-market rental value.
The Act relies on a familiar and established process: the Section 13 notice. While the mechanism remains broadly unchanged, tenants will have enhanced rights to challenge proposed increases using the new Rent 1 (R1) appeal process.
Crucially, landlords must be prepared to justify any rent increase with evidence, typically by referencing comparable recently let properties in the local market.
Once a Section 13 notice has been served, one of four outcomes will follow:
- The tenant agrees to the rent increase
- The tenant ignores the notice and fails to pay
- The tenant formally appeals
- The tenant requests a negotiation
Below, we explore each scenario and what it means in practice for landlords.
1. The Tenant Agrees to the Rent Increase
There is no prescribed method for a tenant to formally accept a rent increase — only a mechanism to appeal it.
Acceptance may be:
- verbal,
- in writing, or
- implicit (by not responding at all).
Once the two-month notice period expires, the new rent becomes legally due and payable, regardless of whether the tenant has explicitly confirmed agreement.
2. The Tenant Ignores the Notice and Fails to Pay
If a tenant neither responds to the Section 13 notice nor pays the increased rent when it falls due, they will immediately be in rent arrears.
Landlords may wish to consider:
- Rent Protection, to mitigate the risk of lost income; and
- early engagement to establish whether non-payment is due to dispute, oversight, or financial difficulty.
3. The Tenant Appeals the Rent Increase
If a tenant disputes the proposed rent, they may appeal by submitting the prescribed R1 form, triggering a structured review process that ultimately leads to the First Tier Tribunal (FTT) if agreement cannot be reached.
R1 – Tenant Appeal
The tenant must submit the R1 form before the date the new rent becomes due, as stated in the Section 13 notice.
R1A – Landlord / Agent Response
Upon receipt of the R1, the landlord or managing agent has 28 days to respond using the R1A form. This may include:
- Comparable rental evidence supporting the proposed increase
- Evidence addressing any claims raised by the tenant, such as:
- property inspection reports
- maintenance records
- photographs and floor plans
- inventory reports
Preparation and documentation are key — this evidence will form the backbone of the tribunal’s decision.
R1B – Tenant’s Final Response
The tenant then has 14 days to review the R1A and submit any final representations using the R1B form.
4. The Tenant Requests a Negotiation
A tenant may request to negotiate the proposed rent at any stage of the process.
If a negotiated rent is agreed after the Section 13 notice has been served:
- the landlord must formalise the agreement via a side letter or agreement, and
- notify the First Tier Tribunal in writing that the matter has been resolved.
First Tier Tribunal (FTT)
In most cases, the FTT expects to make decisions based solely on the written submissions and evidence provided.
From the original rent due date stated in the Section 13 notice, landlords should expect:
- up to 6 weeks for the R1 process, followed by
- an estimated three months for the FTT to adjudicate.
Final Thought for Landlords
While the Renters’ Rights Act introduces additional formality and scrutiny around rent increases, it does not remove a landlord’s right to achieve market rent.
Success under the new regime will depend on preparation, evidence, and process. For clients who subscribe to our Property Management Services, we can administer the full process on their behalf, providing the inspection reports and maintenance records necessary to complete the R1A Form, and representing the Landlord at the First Tier Tribunal.
