Rent Tribunal Outcomes: What Do Tribunals Actually Decide?

The three possible outcomes

When the First-tier Tribunal determines a market rent, there are three broad possible outcomes:

Determined rent below the proposed rent

The tribunal finds that the landlord’s proposed rent exceeds market value. The new rent is set at the determined figure, saving the tenant the difference.

Determined rent equals the proposed rent

The tribunal finds that the landlord’s proposed rent is consistent with market evidence. The new rent becomes payable as proposed.

Determined rent above the proposed rent

Less common, but possible. The tribunal finds that market rents are actually higher than the landlord proposed. The new rent is set above the proposed figure.

In practice, tenants who apply with strong evidence — a clear rent range supported by named comparables — tend to achieve determinations below the proposed rent. The strength of evidence submitted by both parties is the primary determinant of outcome.

What influences tribunal decisions?

Tribunal members consider several key factors when determining market rent:

• Comparable evidence — similar properties recently let or advertised in the same local area. This is the most important factor. Tribunals want to see evidence of what comparable properties are actually achieving, not just what is being asked.
• Property condition and specification — the state of repair, quality of fixtures, and specific features of the property. A well-presented property in excellent condition may command a premium over a tired comparable.
• Location factors — proximity to transport, schools, amenities, and the specific micro-location (a quiet cul-de-sac vs a busy road, for example).
• Size — floor area (where measurable) and the relative size of rooms. A larger flat in the same building may justify a higher rent than a smaller one.
• Current market conditions — tribunals take account of the general direction of the rental market at the time of the hearing, including vacancy rates and demand levels in the local area.
• The credibility of evidence — tribunals look sceptically at comparables that are cherry-picked to support one side. A balanced analysis that acknowledges higher and lower comparables, with clear reasoning for any adjustments, tends to carry more weight.

How tribunals handle above-market proposals

When a landlord proposes a rent significantly above what the evidence supports, tribunals will generally set the rent at the level they consider to represent market value — not at some compromise point between the two sides’ positions.

The tribunal is not a negotiating forum. Its role is to make an independent assessment of market rent based on the evidence before it. This means that a tenant who submits strong, well-sourced comparable evidence — rather than simply arguing that their rent is too high — is in a much stronger position.

Can the tribunal set a higher rent than proposed?

Yes. If the evidence before the tribunal demonstrates that the landlord’s proposed rent is actually below market value — perhaps because the landlord has underpriced the rent for a long-standing tenant — the tribunal can determine a higher rent than proposed.

This is relatively uncommon, but it does occur. For this reason, tenants are sometimes advised to carefully assess whether market evidence supports their position before applying. If comparable evidence shows rents consistently above the proposed figure, making a tribunal application might result in a higher determination.

This underscores the importance of getting an accurate picture of market rent before deciding whether to apply — which is exactly what a Rental Assessment is designed to help you do.

What happens after the decision?

The tribunal’s decision is binding on both parties. Once the determined rent is set:

• The new rent becomes payable from the date specified in the decision (usually the date stated in the original Section 13 notice, or later)
• Your tenancy continues on the same terms, with the new rent replacing the old one
• You cannot apply to the tribunal again for a new determination for at least 12 months (under most tenancy types)
• The decision is published publicly as part of the tribunal’s decisions record

If your landlord fails to accept the tribunal’s determination — for example by continuing to demand the higher proposed rent — you can report this to your local council or take enforcement action through the courts.