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Tribunal Cuts Tenant's Rent Below Existing Level After Landlord Sought Rise

A First-tier Tribunal has reduced a London tenant's rent below what they were already paying, despite the landlord seeking an increase. This case is among early decisions under the new Renters' Rights Act regime.

  • A London tenant's rent was reduced from £2,066 to £1,950 by a tribunal, despite the landlord seeking £2,475.
  • Half of 24 tribunal cases reviewed resulted in landlords receiving their full requested rent increase.
  • Procedural errors, such as insufficient notice periods, have led to cases being struck out.

A landlord who attempted to increase a tenant's rent in London instead saw the figure reduced by the First-tier Tribunal. The tenant, who had been paying £2,066 a month, faced a proposed increase to £2,475, but the tribunal determined the rent at £1,950.

This case is one of 25 published decisions reviewed by property lawyer David Smith, covering notices served since the new Renters' Rights Act regime began. While half of the 24 cases where a rent was determined resulted in landlords receiving their full requested increase, six landlords received 25% or less of what they sought, and two secured no increase.

Mr Smith noted that landlords often provided limited evidence, with 10 offering no comparable rent evidence or only general market assertions. He advises landlords and agents to provide dated evidence of achieved rents from comparable properties rather than relying solely on advertised figures.

Early decisions have also highlighted procedural errors, such as a Sheffield case being struck out for failing to provide the required two months' notice. Fourteen tenants claimed undue hardship, with two successfully securing a postponement of the new rent.

Why this matters: This case highlights the potential for tribunals to reduce existing rents, not just reject increases, under the new Renters' Rights Act regime.

What this means for you: If you are a landlord, providing robust, dated evidence of achieved rents for comparable properties is crucial when seeking a rent increase. If you are a tenant, understanding your rights regarding notice periods and hardship claims could be important.

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