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17/12/25 3:30 pm
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The government has insisted tribunals will be ready for an expected increase in rent review hearings after 1st May.
A growing number of senior judges, landlords and lawyers are warning that the system could be overwhelmed when the Renters’ Rights Act overhauls section 13 of the Housing Act 1988.
Under the new regime, tenants will be able to challenge any proposed increase at the First Tier Tribunal Property Tribunal for no charge. This will no longer be able to set a higher rent if it finds that the market rent is higher than the increase proposed by the landlord. Industry figures argue that this could lead to a flood of tenants speculatively appealing rent rises.
The Times reports that in a recent speech to the Housing Law Practitioners’ Association, Geoffrey Vos, the Master of the Rolls and head of civil justice in England and Wales, cautioned that the reforms create, “an incentive for tenants to apply to the FTT in respect of every increase to delay its implementation”.
NRLA chief executive Ben Beadle, adds: “With just 34 judges sitting on it, the tribunal is unlikely to cope with such an influx of cases once the act comes into force.”
However, Justice Minister Sarah Sackman (pictured) says it has recruited additional administrative staff, set up a centralised operational hub, and updated operational processes to improve efficiency. “We are also ensuring the availability of suitable estates capacity for hearings and enhancing our technology systems to support the increased workload,” explains Sackman. “We expect these measures to be in place in time for implementation of the Renters’ Rights Act.”
She adds that further recruitment of judges and tribunal members is planned.
Tenant campaigners argue that most renters will only appeal where they believe a rent increase is genuinely unaffordable or unfair. However, research published by lettings platform Goodlord found that while 76% of renters would only appeal a rent increase if they believed it was unjustified, 22% would always challenge an increase.
Property lawyer David Smith, at Spector Constant and Williams, explains that the government doesn’t collect data on how long it takes to get a claim through but says a review of recent decisions will show that it is about two months.
He adds: “I note that Ben Twomey of Generation Rent says that landlords who are concerned should negotiate an increase with their tenants. This can be done once the s13 notice has been served and is something I would very much agree with.”
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