Renters’ campaign groups in England are encouraging tenants to challenge proposed rent increases—even when they believe they can afford them—prompting warnings from landlord representatives that the advice could slow tribunal proceedings.
Tenant groups have urged renters to refer proposed rent increases to a tribunal, arguing that doing so can delay the higher rent taking effect while the case is considered.
The advice has drawn criticism from landlord representatives, who say the process should protect tenants from unreasonable increases rather than be used mainly to postpone paying more rent.
The dispute follows changes under England’s Renters’ Rights Act, which give private renters a route to challenge proposed increases they believe exceed the open-market rent.
In guidance published online, the Oxford Renters Union encouraged tenants to consider making a tribunal application even if they thought they could afford the increase or considered it relatively small.
The union argued that a larger number of applications could lengthen the time taken to process cases, allowing renters to continue paying their existing rent while they wait for a decision.
Oxford renters’ union encourages challenges
The Oxford Renters Union said tenants should consider challenging a proposed increase even when it appeared affordable.
Its website stated that more tribunal applications could slow the process for everyone and extend the period during which tenants paid the lower rent.
The union also said that an unsuccessful challenge could still delay an increase until the tribunal had reached its decision. It estimated that decisions could take five to six months from the date of an appeal.
That estimate is the union’s own account of the waiting period, rather than a verified figure for every tribunal case. Processing times may vary, and current official data should be checked before publication.
The source report also said a network of tenants’ unions had advised renters that they could apply to a rent tribunal shortly before a proposed increase was due to take effect, with the increase delayed while the case was considered.
How tenants can challenge a rent increase
Under the reforms described in the report, landlords in UK can increase rent only once a year, and tenants can refer to a proposed increase to the First-tier Tribunal if they believe it is above the open-market rent.
The tribunal can assess the proposed amount and determine the rent it considers appropriate. The application does not guarantee that the tenant’s challenge will succeed.
The source report says tenants continue paying their existing rent while the tribunal considers the case. The precise rules governing when a revised rent takes effect should be checked against current tribunal guidance before publication.
The reforms also ended no-fault evictions in England. The Act’s provisions and commencement dates should be verified individually, rather than assuming all changes began on the same date.
Tribunal ruling reduced a landlord’s proposed rent
The debate follows a case reported by The Telegraph in which a landlord’s proposed £50 monthly increase reportedly resulted in a tribunal ordering the rent to be reduced by £200.
Housing minister Matthew Pennycook shared a link to the case on social media, describing the tribunal process as an example of how the reforms enable private renters to challenge unreasonable rent increases.
Pennycook said tenants who believe a proposed increase is above the open-market rent can refer the matter to the First-tier Tribunal.
The reported case illustrates that a tribunal may set a rent below the landlord’s proposal. It does not, by itself, show that rent increases are generally excessive or that every tenant challenge will succeed.
Landlord groups warn against using appeals to create delays
Propertymark chief executive Nathan Emerson said the tribunal process was an important safeguard against unfair rent increases, but warned that it should not be used deliberately to create delays.
Chris Norris, representing the National Residential Landlords Association, criticised campaigners’ advice. He said he was concerned that the system’s weaknesses could be used to create a de facto rent freeze through a large number of potentially vexatious claims.
Norris argued that such an approach could lead to poorer outcomes for landlords and tenants who depend on the tribunal system functioning properly.
The criticism raises a question about whether encouraging tenants to appeal regardless of the merits could increase the burden on tribunals and delay decisions in cases involving genuine disputes.
However, the campaign advice alone does not establish that tribunals are already overwhelmed or that applications are being made primarily to delay rent increases. Those claims would require evidence about case volumes, reasons for applications and current waiting times.
Government defends tenants’ right to challenge increases
A spokesperson for the Ministry of Housing, Communities and Local Government said the Renters’ Rights Act empowers private renters to challenge unreasonable rent increases through tribunals.
The spokesperson said the measure was intended to prevent landlords from using rent increases as a backdoor means of eviction.
Jae Vail, a spokesperson for the London Renters Union, said renters should exercise their right to challenge increases they consider unaffordable.
Oxford Renters Union and Manchester Tenants Union were contacted for comment, according to the source report.
Balancing renters’ protection with tribunal capacity
The dispute highlights the tension between giving tenants a meaningful way to challenge excessive rent increases and ensuring tribunal cases are handled in a timely manner.
A tribunal route can offer renters an independent assessment when they believe a proposed rent is above the market rate. But landlord representatives argue that encouraging applications mainly to delay increases could put additional pressure on the system.
Whether the advice has materially increased tribunal caseloads or waiting times remains a question for evidence. Current tribunal statistics would be needed to establish the scale of any impact.
For renters, the key point is that a challenge is a legal route for disputing a proposed rent—not a guarantee that the increase will be rejected. For landlords, the controversy is whether the process can continue to provide fair decisions without avoidable delays.
