Challenging rental affordability

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Whilst the introduction of the Renters’ Rights Act brings in significant reforms for the private rented sector to provide greater security for tenants, we know that affordability remains the biggest challenge for those living in privately rented housing.

With a new Prime Minister in Downing Street, there has been much speculation about the possibility of Andy Burnham’s introduction of rent controls – a policy he previously supported as Mayor of Manchester. Whilst Burnham has since rejected the idea, which is widely supported across tenure types, housing campaigners continue to put the pressure on the government to bring in measures to make rents more affordable.

Join Generation Rent’s campaign to introduce a limit on rent increases, linked to the Consumer Price Inflation level, or to local wage growth, to prevent renters being priced out of their homes.

In the meantime, the Renters’ Rights Act does bring a fairer rent increase system than we previously had. Since 1 May 2026, your landlord can now only increase your rent once a year, and can only use the formal Section 13 notice procedure in order to do so – even if you have an existing tenancy with a ‘rent review’ clause. So if your landlord now tries to increase your rent by any other means than giving you a formal letter (form 4A), this is not legally valid.

If you do receive a valid Section 13 notice via this formal letter, and it’s been more than a year since you last received an increase, you can also challenge the increase by going to tribunal if you think it’s unfair. By doing this, you will be asking the tribunal to assess whether the proposed rent is a fair ‘market rent’ – i.e. does it seem reasonable in comparison to other similar properties in the area? Unfortunately, we know that market rents themselves have sky-rocketed, so the tribunal may decide that the proposed rent is fair, even if it’s extremely expensive or unaffordable to you.

Nevertheless, there may be strong reasons why you might want to go to tribunal anyway, to challenge the rent, even if you’re not sure how they will decide your case. Previously, this process was extremely risky, as there was a possibility that the tribunal would decide a ‘market rent’ that was even higher than what your landlord proposed, and the new rent would be backdated to the date your landlord proposed it started. Since tribunal proceedings can take a long time, that might mean that tenants would be left with thousands of pounds of rent arrears after going to tribunal.

Since the Renters’ Rights Act was introduced, the maximum ‘market rent’ that the tribunal can determine is the amount that the landlord proposed in the Section 13 notice. The start date of the new rent will also be the date of the tribunal determination – which could be months after your landlord’s proposed date. The tribunal could also push the start date back further if they think it is going to cause you hardship. You should continue paying your original rent whilst going through the tribunal process, so this could be a significant saving (even discounting the £47 tribunal fee).

 

You don’t need a solicitor to go to tribunal to challenge your rent increase, and many tenants represent themselves. Challenging a rent increase is not covered by legal aid.

Tenants’ unions across the country have come together to create an online tool to help you challenge your rent increase. In London, the London Renters’ Union is also holding regular online meetings where members support each other to navigate the tribunal process.

There are also many online resources to help you navigate the process, such as from:

GOV.UK

Shelter

Citizens Advice

Generation Rent

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