Rental disputes are becoming an increasingly prominent issue for landlords following the introduction of the Renters’ Rights Act, with recent figures showing a sharp rise in market rent decisions and growing concern about the capacity of courts and tribunals to deal with additional cases.
Tribunals made 166 market rent decisions in July, compared with a monthly average of 42 decisions during the year to late April 2026. Decisions increased to 109 in May and 129 in June, with tenants initiating around 60% of the most recent cases.
The increase comes after changes affecting the consequences of challenging a rent increase. Where a tribunal approves a landlord’s proposed rent, the tenant now pays the higher amount from the date of the tribunal’s decision rather than from the date of the landlord’s original request. The average period between an application and a decision was 80 days in July.
Legal professionals believe these changes, alongside the abolition of section 21, are making tenants more willing to challenge proposed rent increases.
Paul Rooke, partner at Mayo Wynne Baxter, said:
“The latest tribunal data is a clear indication that the Renters’ Rights Act has shifted the balance of power towards tenants.
“By removing the threat of retaliatory section 21 ‘no-fault’ eviction and eliminating the risk of backdated rent liability if a challenge is unsuccessful, the Act has reduced the downside for tenants who wish to contest rent increases.
“The sharp rise in tribunal applications can be seen as a reflection of tenants feeling empowered to exercise rights that previously existed in theory but were often underused in practice.
“It is important for landlords to note that rent increases can no longer be justified simply by reference to rising costs.
“Any proposed increase must be supported by robust evidence of market rent, including comparable local lettings, property condition, location, amenities and recent rental transactions.
“A clear audit trail showing how the figure was reached and ensure strict compliance with the statutory section 13 process will need to be kept.
“Evidence, rather than assumption, will increasingly determine outcomes.”
Tribunal capacity under scrutiny
The growth in rent challenges comes alongside wider concerns about pressure on the courts and tribunal system.
The government has said that 1,000 additional judges and tribunal members are needed to deal with the effects of the Renters’ Rights Act. It has also confirmed funding of up to £50 million to modernise the civil courts and £5 million a year for housing legal aid.
A new digital possession service is under development to allow landlords and tenants to file and track claims online. A parallel digital service is also planned for the Residential Property Chamber, with full end-to-end digitisation targeted for April or May 2027 and an initial phase expected by the end of 2026. Paper statements will remain available for landlords and tenants representing themselves.
Official Ministry of Justice figures for April to June 2026 showed landlord possession claims increasing by 6% year-on-year to 23,635, while accelerated claims rose by 16%. Warrants fell by 6% and repossessions by 3%.
The median time from claim to repossession was 27.1 weeks, compared with 27.9 weeks in the second quarter of 2025. The median period from claim to possession order fell slightly to 7.6 weeks.
However, the figures cover only the first two months of the new regime, meaning they provide a limited indication of how the system may perform once larger volumes of contested cases move through the courts.
The government has said it has no plans for an expedited standalone possession court or accelerated bailiff process, although HM Courts & Tribunals Service is working on operational changes intended to address delays.
Possible changes to rent tribunals
Further changes could affect how rent disputes are determined.
On 10 August 2026, the Senior President of Tribunals opened a consultation on changes to the Practice Direction governing who can sit on Property Chamber cases. The consultation closes on 25 September 2026.
The proposal would make it easier for regional surveyors to chair rent valuation cases instead of regional or deputy regional judges. Rent valuation disputes are expected to account for a substantial proportion of the tribunal’s additional workload.
If adopted, the change could increase the importance of valuation evidence in contested rent cases. Landlords facing a challenge may therefore need detailed evidence of comparable rents and the characteristics of the property involved.
Kristine Ng, partner at Morr & Co, said:
“For landlords, the key point is that the tribunal is concerned with market rent, rather than simply whether a landlord has experienced increased costs.
“A landlord may have perfectly legitimate reasons for seeking a higher rent, but if a challenge is brought the question will ultimately be what rent the property could reasonably achieve on the open market.
“Landlords should therefore ensure that any proposed increase is supported by evidence of comparable local lettings and prevailing market conditions.
“As awareness of these rights grows, rent determination cases are likely to become a much more prominent feature of the residential landlord and tenant landscape, placing increasing demands on tribunal resources.”
Disrepair cases add another area of concern
Rent challenges are not the only tribunal issue being highlighted by landlord organisations.
Portsmouth & District Private Landlords Association has reported what it believes is an increasing trend in disrepair claims and compensation awards, including cases where disrepair allegations are raised as counterclaims during rent arrears proceedings.
The association has cited cases involving alleged defects, mould and previous leaks, arguing that landlords can face compensation claims even where the issues involved are disputed or relatively minor.
Its chairman, Alwin Oliver, advises landlords who believe a complaint is unjust to maintain a detailed chronology of repairs, challenge evidence concerning when a complaint was made, examine causation and the duration of any alleged problem, and consider obtaining expert evidence.
The association also suggests considering early settlement and, for claims exceeding £1,000, instructing a barrister.
Across both rent determination and disrepair disputes, the common practical issue for landlords is the growing importance of documentation and evidence.
For rent increases, this can include comparable local lettings, property condition, location, amenities and recent rental transactions. For repair disputes, landlords may need records showing when issues were reported, what action was taken and when work was completed.
With tribunal applications increasing and reforms to court and tribunal processes still being implemented, landlords facing either rent or possession proceedings may need to pay closer attention to record keeping, procedural requirements and the evidence available to support their position.