Can the tribunal increase your rent above the landlord’s proposal?
Understand whether the tribunal can set rent above the landlord’s proposed amount and why this matters when considering a challenge.
- Under the current rules, the tribunal cannot set the new rent higher than the landlord’s proposed rent for a challenged increase.
- The tribunal can decide the rent should be lower or the same as the proposed rent.
- Evidence still matters because the tribunal decides the open market rent.
For a challenged rent increase under the current rules, the tribunal cannot set the rent higher than the landlord’s proposed rent. This is an important change because many tenants worry that challenging could make the rent go up even further.
That does not mean every challenge will succeed. It means the outcome is focused on whether the proposed rent should be confirmed or reduced.
Check your rent increase for free to understand whether the proposed rent looks supported by local market evidence.
Why this question matters
A lot of renters hesitate because they fear making things worse. That fear is understandable. Rent is one of the biggest monthly costs for most households, and the idea of a tribunal setting an even higher rent can stop people from looking at their options.
The Renters’ Rights Act 2025 changed the position for rent increase challenges. The Housing Act 1988, as amended, means that for a proposed new rent challenge, the new rent amount is the open market rent if that is lower than the proposed rent, otherwise it is the proposed rent.
Put simply, the tribunal can reduce the proposed rent if the open market rent is lower, or confirm the proposed rent if it is not. It cannot set a higher amount than the landlord proposed in that situation.
What the tribunal is still deciding
This does not make the process automatic. The tribunal still has to decide the open market rent.
That decision is based on the information provided by the tenant and landlord, any inspection or hearing if needed and the tribunal’s own expertise. If the evidence shows the proposed rent is close to market rent, the tribunal may confirm it. If the evidence shows the open market rent is lower, the tribunal may set a lower rent.
So the risk of a higher figure is removed, but the need for evidence remains.
Why evidence still matters
If you challenge a rent increase, you need to support your position with useful evidence. The tribunal will not usually decide based on how stressful the increase feels. It will look at the market rent question.
Good evidence compares your home with similar homes. It should explain property type, bedrooms, location, condition, features and included costs.
For example, if your landlord proposes £1,200 for a two-bedroom flat and similar two-bedroom flats nearby are mostly advertised at £1,000 to £1,080, that may support further scrutiny. If similar homes are mostly around £1,180 to £1,250, the proposed rent may be easier to justify.
The evidence does not need to be perfect, but it should be relevant and organised.
What this means for decision-making
Knowing the tribunal cannot go above the landlord’s proposed rent may make the process feel less risky. But it does not mean everyone should challenge.
You still need to think about:
- whether the proposed rent appears above market
- whether you have enough evidence
- whether you are within the deadline
- whether you need advice
- whether discussion with your landlord could help
- whether the official process is the right route for your situation
This guide cannot tell you what to do. The right next step depends on your evidence, your tenancy, your deadline and your personal circumstances.
How UpRently helps
UpRently helps you understand the evidence before deciding what to do.
The UpRently Rent Rise Checker compares the proposed rent with local market data where suitable comparables are available. It gives a result and a confidence rating so you can see whether the evidence is strong enough to support a clear view.
The Evidence Pack gives a structured record of the comparables and method used. This can help you review the evidence, speak to your landlord or prepare for the official process.
The pack does not guarantee the tribunal will agree with you. It is evidence support, not legal advice or representation.
A useful way to think about the risk
The key point is this: the tribunal cannot increase the rent above the proposed amount in the current challenged rent increase process, but it can confirm the proposed amount if it considers that to be the market rent.
That makes the evidence question central. If the proposed rent looks close to market evidence, a challenge may not change the amount. If it looks above market, evidence can help you understand why and prepare a clearer position.
What to read next
This guide is general information for private renters and landlords in England. UpRently helps you compare a proposed rent increase with local market evidence where suitable comparable data is available. It does not give legal advice, decide whether a notice is valid or complete tribunal applications. Check the latest official guidance before acting and get advice from Shelter, Citizens Advice or a qualified adviser if you are unsure.