Under the Renters’ Rights Act, a tenant who receives a Form 4A can ask the First-tier Tribunal (Property Chamber) to decide the rent. It costs them £47 and carries no risk of paying more than you proposed, so expect some challenges, especially where the increase is large. This guide covers what happens next and how to put together a reply.
In force as of 25 October 2026 GOV.UK: Apply for an open market rent determination (MR1, MR2, MR3)
This is a procedural checklist, not legal advice. If the case is complex or the sums are large, consider a surveyor’s or solicitor’s help.
The timeline
| Step | Who | When | Form |
|---|---|---|---|
| Tenant applies | Tenant | Before the start date in Form 4A question 4.6 | MR1 (£47) |
| Tribunal notifies you | Tribunal | After it receives MR1 | — |
| Your reply | You | Within 28 days, copied to tenant and tribunal | MR2 |
| Tenant’s response | Tenant | After your MR2 | MR3 |
| Inspection or hearing | Tribunal decides | If needed | — |
| Decision | Tribunal | Often on the papers | — |
The £47 fee does not apply where the notice was dated before 1 May 2026 or the home is social housing. Those older notices also continue under the pre-May rules (SI 2026/421 reg 8).
Put the 28-day MR2 date in your calendar the day the tribunal’s letter arrives. The property tracker adds it automatically when you record the date you were notified.
Is the application in time?
The tribunal must receive MR1 before the start date you gave. GOV.UK tells tenants to apply before that date “even if you are still gathering evidence”. If you believe the application arrived late, say so in your MR2 with the dates. Equally, the tenant can ask the tribunal under section 13B to decide whether your notice was valid, for example if it gave less than two months’ notice. Check your own dates against the section 13 rules before you reply.
What the tribunal is deciding
The question is the rent at which the property “might reasonably be expected to be let in the open market by a willing landlord” on the same terms (section 14(1)). Form 4A tells tenants that the tribunal “can consider other factors like the condition of the property”. Section 14 also lists matters the tribunal must disregard; read it before you argue about improvements either side has made.
Two limits frame the outcome:
- The cap. Section 14ZB(5): the new rent is the open-market rent if lower than your proposal, otherwise your proposal. You cannot win more than you asked for.
- The start date. Section 14ZB(3): your proposed date if the decision comes first; otherwise the first rent period starting on or after the decision. A hardship direction can push it later, but no later than the end of two months beginning with the decision.
So a well-evidenced, moderate proposal is worth more than a high one you cannot support: a reduced award plus months at the old rent can cost more than a smaller increase the tenant would have accepted.
Evidence that carries weight
Comparable lettings
The strongest evidence is homes like yours, let nearby, recently. For each comparable record:
- address or street, and how far it is from your property;
- property type and number of bedrooms;
- condition, furnishing, outdoor space, parking;
- rent and period (convert to per calendar month for comparison);
- where you found it and the date (a listing, a letting agent’s confirmation, your own other lets).
Aim for at least three with the same bedroom count. Explain the differences honestly: a refurbished flat with a new kitchen is not a direct comparison for a dated one. The Form 4A evidence pack logs comparables, converts weekly rents, and shows the median and range alongside your proposal.
ONS averages, with their caveats
The ONS Price Index of Private Rents publishes an average monthly rent for each local authority by bedroom count. Quarterday shows the September 2026 figures (published 21 October 2026) on the rents by council pages. Use them as context, not proof:
- they are means across new and existing tenancies, so they run below current asking rents for new lets;
- they cover a whole council area, not your street;
- PIPR is labelled “official statistics in development”.
The older ONS series that published median and lower-quartile rents by council (Private rental market summary statistics in England) was discontinued, with its last release on 20 December 2023. Do not cite those figures as current.
The property itself
Include recent photos, the gas safety record, EICR and EPC, and a note of works done since the last increase (new boiler, windows, kitchen). If the tenant has reported disrepair, deal with it honestly: the tribunal may inspect, and condition affects the market rent.
An outline for your MR2 reply
Use the structure of the MR2 form itself; this outline helps you gather the content.
- Details. Property address, tenants’ names, your name and contact address, the tribunal’s case reference.
- The notice. Date and method of service, proposed rent, proposed start date, current rent and date of the last increase. Attach a copy of the Form 4A and your proof of service.
- The property. Type, bedrooms, floor area if known, furnishing, outdoor space, parking, energy rating, condition, and works done with dates.
- The tenancy terms. Rent period, bills included (the same charges you listed in Form 4A question 4.7), repairing obligations.
- Comparables. A table of three or more lettings with the details above and your adjustments for differences.
- Context. ONS average for the council and bedroom count, labelled as an average across all tenancies.
- Hearing or inspection. Say whether you think either is needed and why, or that you are content for a decision on the papers.
- Copies. Confirm you have sent a copy to the tenant.
Keep it factual. The tribunal is not deciding whether you were reasonable to ask, only what the open-market rent is.
After the decision
The decision letter gives the rent and the date it takes effect. If it is lower than your proposal, that is the rent; section 13(4A) allows you and the tenant to agree in writing to a lower figure after a determination, but not a higher one. Your next increase cannot take effect until 52 weeks after this one did. Record the date in the tracker so the next serve-by date is right.
Section 13(4)(b) also lets you and the tenant agree, before the start date, a lower rent or no change. If an application is already with the tribunal, tell the tribunal about any agreement, keep it in writing, and record it.
For the form itself, see how to fill in Form 4A.