Apply for a market rent determination

Overview

When your landlord raises the rent, they will give you a ‘notice of increase’ that states the new rent amount. If you think they are raising it by too much, you can apply to the First-tier Tribunal (Property Chamber) to decide the open market value rent of the property.

The tribunal’s role under the Housing Act 1988 is to decide what the market rent should be. This market rent might end up being lower, the same or even higher than the rent mentioned in the landlord’s notice of increase.

You can use the application form if you are applying about:

• assured tenancy, including assured shorthold tenancy and rental value determination (landlord’s notice of increase)
• agricultural occupancy – rental value determination (landlord’s notice of increase)
• assured shorthold tenancy – rental value determination

Before you apply

You must apply before the start date of the new rent given in the notice, even if you’re still collecting all your supporting evidence. Getting the notice in early helps keep your application process moving.

YouIf willyou are unsure about any question or other part of the form, you can get help with your application.

Apply for a market rent determination

Apply online

Before you start you’ll need:

• a copy of your tenancy agreement (or a valid reason why you do not have one)
• athe copyname, ofaddress theand landlord’scontact noticedetails of increaseyour forlandlord
• a sectioncopy 13(4)of applications

Ifthe youlandlord’s arenotice unsureof aboutincrease anyif questionyou’re orapplying otherunder partSection 13(4) of the form, youHousing canAct get1988

helpStart withnow your application.

Apply forby apost marketor rent determination

Complete the form and send it to the tribunal by email or post using the address for the residential property office for the region you live in as listed in the form.

If your application is urgent, you should send it by email.

You should also send a copy to your landlord or their representative.

Evidence you should include

You must provide evidence to support your application when you send the form.

Including information about the property:

• the original letting details, if you have them, along with any floor plans and photos – if not available, a rough layout will work
• a recent photo of each room, showing as much of the room as possible
• an external photo of the front of the property
• the size of each room – describe their condition and note any special features
• the property’s amenities, such as central heating, double glazing, carpets, curtains, appliances and furnishings – include details of who provided them
• details and photos of any repairs or improvements that have been done – include who did the work and who paid for it
• local amenities, including nearby public transport, shops, schools or other conveniences
• any other documents that support your case

You must also provide information about the rent, including evidence from similar nearby properties (similar size, features and location) to show at what price they were rented for.

Information from letting agents or websites such as Rightmove and Zoopla can help but evidence from actual agreed lettings (rental agreements) is stronger.

Details from market rental agreements is usually stronger evidence than that from housing associations, previous fair rent decisions or local housing allowance rates.

Ask the tribunal to consider your financial hardship

The tribunal usually decides that the new rent is payable from the date in the notice. However, it can order a delay to the payment up until the date of its decision if you would suffer undue financial hardship by having to pay the rent from the notice date.

If you want to postpone the payment date, you must provide full details of your financial circumstances in the application form. Explain why paying the rent from the date on the notice will cause you financial hardship.

Housing association tenancies

If your landlord is a housing association, they usually set rents based on their own policies rather than market conditions. This might mean the proposed rent is lower than the market rate.

The tribunal will decide the market rent regardless of what the housing association’s rate is. So, you must review your tenancy agreement and the notice of increase carefully before applying.

Get help with your application

Get a representative

You may choose to have someone represent you – this could be a solicitor, surveyor, friend or relative.

If you appoint a representative, the tribunal will send all communication to them only, not to you directly.

If you need to appoint a representative after you have sent your application, write to the tribunal with their details. You can find the postal and email addresses for the tribunal office in your region at the end of the form.

You should also send the landlord a copy of this request – if sending by email, you should copy them in.

Other support

The tribunal cannot offer legal advice. If you need legal help, you can ask a law centre or Citizen’s Advice.

What happens next

The tribunal will send a copy of your Rents 1 form and any attachments to your landlord.

Your landlord will be given the opportunity to respond to your application by completing the Rents 1A form.

If your landlord responds, you will then have the opportunity to respond to that using the Rents 1B form. The tribunal will have sent you this when acknowledging receipt of your Rents 1 form.

The tribunal will then determine the rent.

The tribunal’s decision

What the tribunal can decide

The tribunal’s role is to decide the market rent based on the details provided by you and your landlord.

The tribunal cannot decide on the legal validity of the landlord’s notice of increase. If you believe the notice is invalid, let the tribunal know in your application form and explain your reasons.

Inspections and hearings

The tribunal will decide if a property inspection or a hearing is needed, or if it can make its decision by reviewing the paperwork alone.

If you think an inspection or a hearing is necessary for a fair decision, explain your reasons on the application form.

The decision is often made just on the documents submitted. However, the tribunal may use online resources to look at the property. If they need an inspection or hearing, they will tell you. The hearing could be in person or online.

The decision

The tribunal will review all the evidence from you and the landlord, including, if needed, any inspection or hearing. They use this information along with their own expertise to decide on the market rent.

They will send you and your landlord a written decision by post or email that explains the determined rent and the date when the new rent comes into effect.

If you do not agree with the decision, you can apply for permission to appeal.

Withdraw or update your application

Withdraw your application

You can withdraw your application if you wish. You must do this with the tribunal’s consent before the market rent is set.

Complete the withdrawal consent form (Withdrawal 1) and send it to the tribunal by email or post using the address for the appropriate residential property office.

If your application is urgent, you should send it by email.

You should also send a copy to your landlord or their representative.

Apply for case management to update your application

You may need to apply to the tribunal about a procedural matter or ‘case management’. For example, to:

• amend, vary or extend the tribunal’s deadlines
• postpone a hearing
• prohibit evidence from another party
• join or change parties

Complete the case management application form (Order 1) and send it to the tribunal by email or post using the address for the appropriate residential property office.

If your application is urgent, you should send it by email.

You should also send a copy to your landlord or their representative.

Further guidance and advice

Guidance

Find out more about solving a residential property dispute.

Read more about rent cases and what happens when you apply.

Read the guidance on private renting disputes.

You can also find out about rent increases for private tenants.

Find the relevant legislation for the Housing Act 1988 and Housing Act 1996.

Get advice

You can get free legal advice from a law centre or Citizens Advice.