Challenging a rent increase

Check if this advice applies to you

This advice applies if you rent from a private landlord.

You might be able to challenge a rent increase if you have a converted contract. 

If your tenancy started before 1 December 2022 you now have a converted contract. This happened automatically - you don't need to do anything.

If you started renting your property on or after 1 December 2022

Your landlord can increase your rent once a year and you can't challenge it. If you think your rent increase isn’t fair, talk to an adviser.

Your landlord usually has to give you a valid section 123 notice to increase your rent.

Check if your section 123 notice is valid

Your section 123 notice might not be valid if, for example:

• your landlord hasn't given you at least 2 months’ notice for the rent increase

• your landlord wants to increase your rent during the fixed term

• your landlord hasn't signed the notice

• your landlord hasn't used form RHW12 - you can see an example of RHW12 form RHW124d on the Welsh government website

• your landlord isn’t registered with Rent Smart Wales - check if your landlord is registered on the Rent Smart Wales website

• your property manager isn’t licensed with Rent Smart Wales - check if your property manager is licensed on the Rent Smart Wales website

When you can challenge your rent increase

You can only challenge a rent increase if the following is true:

• your contract started before 1 December 2022

• your section 123 notice wasn't valid

• the increase is unreasonable - for example if your home's in a bad condition because your landlord hasn't done repairs when they should have

• you haven't yet paid the increased amount

There are other reasons why you can challenge your rent increase - talk to an adviser if you need help.

Applying to challenge your rent increase

If you and your landlord can't agree on your rent increase you can ask a tribunal to decide for you - it's free to apply.

You'll need to apply before the date your rent increase is due to start - you can find this on your section 123 notice.

The tribunal is made up of 2 or 3 professionals, for example solicitors or surveyors. They'll look at the cost of renting similar properties in your area. They'll also look at what your landlord could charge if a new contract holder was renting the property.

The tribunal will then decide if your rent increase is fair.

If the tribunal decides your rent increase is fair, they'll tell you how much your rent should be. You'll have to pay that amount. If they decide it isn't fair, your rent won't be increased.

You'll need to print and fill in the form on the Residential Property Tribunal Wales website. Make sure you read the notes before you fill in the form.

You'll need to give details about the property you're renting, including:

• the address

• the rent you pay now

• any improvements you've made and paid for yourself - for example if you've decorated or had a new kitchen fitted

• repairs your landlord is responsible for on your written statement

You'll also need to send a copy of your section 123 notice and your written statement with your application.

You'll need to get evidence together to show why you think your rent increase is unfair. You don't need to send your evidence with your application form - the tribunal will write to you telling you when to send it.

Remember to sign and date your form - your application won't be valid if you don't.

Talk to an adviser if you need help to fill in the form.

Send your application

The tribunal must get your application before your rent increase is due to start, so make sure you send it as soon as possible. They have to get the application between Monday and Friday.

For example, if your rent is due to increase on Monday, you'll need to make sure the tribunal gets your application on the Friday before. It won't count if your application gets there on a Saturday or Sunday.

You'll need to send your application by post - you can't apply online. If you live near the tribunal office, you could take in your application yourself.

It's worth keeping a copy of your application if you can - you might need it if, for example, if it gets lost in the post. It's also worth getting a free 'proof of posting' receipt from the Post Office.

Send your application to:

The tribunal will write to tell you they've got your application. If you don't get a letter within 7 days, call the tribunal office to check if they've received it.

The tribunal will also write to your landlord to tell them you're challenging your rent increase.

The tribunal will write to you again within 28 days of receiving your application.

They'll tell you when they're going to make a decision about your rent increase.

If your rent increase is due to start

It can take up to 10 weeks for the tribunal to make a decision.

If the tribunal decides your rent should be increased you'll have to pay it from the date given on the section 123 notice.

If you can, it's probably best to save money towards your rent increase if it's due to start before the tribunal makes a decision. That way, you won't have to find a large sum of money if your rent is increased.

Get your evidence

The tribunal will tell you when to send your evidence about your rent increase.

You'll need to send your evidence to the tribunal and to your landlord. Make sure you keep a copy of any evidence you send.

You'll usually have to send your evidence at least 7 days before the hearing - check your letter to find out when you need to send it.

What evidence you'll need

Try to find out what others pay for similar properties in your area. You could speak to a local letting agent, look online or ask friends and family. You can then use this as evidence.

Any evidence you get will need to be for a property that's similar to yours. For example, if you live in a one-bedroom furnished flat, compare it with another one-bedroom furnished flat in your area.

If your friends and neighbours are paying more than you, it's probably not worth challenging your rent increase.

The tribunal could increase your rent by more than your landlord is asking, although it's unlikely they'll do that.

Send your evidence

You'll need to photocopy your evidence and send it to the tribunal and to your landlord. You might be able to email some of your evidence - check with your tribunal office to see if you can.

You don't have to send your evidence until you've seen what your landlord has sent - they'll usually have to send theirs about a week before you.

If your landlord doesn't send evidence by the date on the letter, call your tribunal office to see if they've received it.

Decide what type of hearing you want

The tribunal will ask you what type of hearing you want - they'll ask in one of the letters they send you. Most tribunals for rent increases are based on the evidence you send - this is called a 'paper hearing'.

You or your landlord can ask to go to a hearing instead - this is called an 'oral hearing'.

If your landlord asks for an oral hearing, don't feel you need to go if you don't want to.

It might be best to go to an oral hearing if your landlord asks for one - you'll be able to answer any questions the tribunal members have. You'll also be able to hear what your landlord is saying about your situation.

You'll need to go to the tribunal office or another office near your home for the hearing - you'll get a letter telling you where you need to go.

If you have an oral hearing

The tribunal members will ask you and your landlord questions at the hearing - it's a formal process but it's not as formal as going to court. The tribunal members will explain everything to you and answer any questions you have about the process.

Both you and your landlord can take someone with you to the hearing if you want. You could take a friend to support you and make notes if you think it would help.

You could also get help from a legal representative, for example a solicitor, but you'd probably have to pay for this and it can be expensive. Talk to an adviser to see if they can recommend someone.

Some tribunal offices will tell you if you can get free legal advice from any local law companies or colleges. If they do, they'll send you the details when they write to you.

Some solicitors offer their services for free to people who can't get legal aid or afford to pay for legal help. Visit LawWorks or The Bar Pro Bono Unit for more information.

Let the tribunal inspect your home

The tribunal members will usually ask to see inside your home to help them make their decision about your rent increase. This is called an inspection.

They'll want to inspect your home on the day they make their decision - it doesn't matter what type of hearing you have.

They'll look at all the evidence before they do the inspection, so they'll know your reasons for challenging the rent increase.

If you're having an oral hearing, the tribunal will make sure you have enough time to get home for the inspection.

If you refuse an inspection

You can refuse to let the tribunal members visit your home but it's best to let them in. It means they'll be able to see any problems in your home, for example any repairs the landlord hasn't done but should have.

You can point out the problems to the tribunal members but they won't be able to comment on them or give their opinion.

If you don't let the tribunal members in they'll look at the outside of your home to help them make their decision.

Your landlord might want to go to the inspection too. You don't have to let them in but it's best if you do.

Your landlord could say they don't want the inspection to go ahead if you don't let them in. This means the tribunal members will have to make their decision without seeing inside your home.

Getting your decision

You should get a decision letter from the tribunal within a few days of the hearing.

If you haven't had a decision within 10 days of the hearing, it's best to call or email your tribunal office. You can find their contact details on your application form.

The decision letter will tell you what your rent should be.

Your decision letter might not explain why the tribunal decided to either increase your rent or keep it as it is. If it doesn't explain, call them or write to them to ask their reasons - they have to provide them.

Your landlord won't be able to increase your rent again for another 12 months, unless you agree to the increase.

If you have problems paying your increased rent

If the tribunal decides your rent should be increased, you'll need to pay the new amount. Check your section 123 notice for the start date of your new rent.

You might be able to get the tribunal to change the date of your rent increase to the date of the hearing, rather than the date of your section 123 notice.

You'll have to prove to the tribunal that paying the rent increase from the date of the section 123 notice would cause you problems. You'd need to prove, for example, that you wouldn't be able to afford to eat or pay your bills.

It's worth asking the tribunal to change the date of your rent increase if you can prove you'll have problems. They don't have to agree to change the date.

If you get Housing Benefit or Universal Credit

If you get Housing Benefit or Universal Credit, tell your local council or the Department for Work and Pensions as soon as your rent increases.

You might be able to get more money to cover the new rent. If you can't, find out  what help you can get with renting costs.

Challenging the tribunal's decision

You can only challenge the tribunal's decision if they've got the law wrong, or if they've made a mistake.

The tribunal will send you information on how to challenge their decision with your decision letter.

You'll need to ask the tribunal if you can appeal within 28 days of your decision letter.

If they agree to your appeal, you'll have to apply to another tribunal - this is called the upper tribunal. You'll get details of how to appeal with your decision letter.

You'll have to pay a fee of £275 if you appeal. You might also have other costs to pay. You might be able to get help paying court and tribunal fees on GOV.UK.

You'll probably need specialist help to challenge the tribunal's decision. Talk to an adviser if you need help.