Landlords defending a rent increase in a tribunal could strengthen their case with evidence of completed lettings, following a recent First-tier Tribunal decision. The tribunal backed Get Living London's proposed increase for a two-bedroom flat in London from £3,102 to £3,180 a month.
The tenant had appealed the Section 13 notice, proposing £3,040 and citing four properties advertised by the same landlord between £2,995 and £3,110. However, the landlord submitted nine agreed lettings from April to June 2026, with rents ranging from £3,205 to £3,292 a month.
The tribunal gave greater weight to the landlord’s completed lettings data, noting that asking prices do not always reflect ultimately agreed rents. All nine of the landlord's achieved figures exceeded the proposed £3,180.
Property lawyer David Smith commented that landlords who can provide good evidence of actual rents achieved will be in a strong position in the First-tier Tribunal. He added that this is particularly beneficial for flats and build-to-rent landlords with many similar properties.
Mr Smith, a partner with Bishop & Sewell, also noted that paper cases are being allocated around regions based on judge availability, even if the property is in a different area. He suggested landlords might consider requesting a hearing if local market knowledge is important.
However, Mr Smith cautioned that First-tier Tribunal decisions are not binding on other panels, and it remains to be seen if achieved rents will consistently receive greater weight in future cases.