Can a tenant refuse a Form 4A rent increase?

A tenant cannot simply refuse a valid Form 4A increase and keep paying the old rent forever. They can ask the First-tier Tribunal to decide the open market rent, but they must apply before the start date on the notice. If they do nothing, the new rent takes effect on that date.

This article is for general information only and is not legal advice. It describes the position in England for assured periodic tenancies. Landlords should take independent legal advice for their own circumstances.

What happens if the tenant does nothing?

If the Form 4A is valid and the tenant does not apply to the tribunal before the start date, the new rent takes effect on that date. The tenant does not need to sign or reply. Government guidance says you must still use Section 13 even if the tenant has already agreed the increase.

(Source: Assured periodic tenancies: rent increases; Housing Act 1988, section 13)

How can a tenant challenge the increase?

The tenant can apply to the First-tier Tribunal (Property Chamber) for an open market rent determination. The tribunal must receive the application before the start date in question 4.6.

Item	Rule
Application	Form MR1, or the online service on the official apply page
Fee	£47. No hearing fee. No fee if the notice is dated before 1 May 2026, or the tenant lives in social rented housing
Deadline	Before the start date on the notice
What the tribunal decides	The open market rent. Official guidance says this might be lower or the same as the proposed figure. Form 4A notes say the tenant will not have to pay more than the landlord first proposed
When the new rent starts	If the decision is after the proposed start date, usually from the next payment date after the decision. The tenant can ask the tribunal to postpone the date because of hardship

The landlord has 28 days to reply on form MR2 if they want to respond.

(Source: Apply for an open market rent determination; Form 4A)

Can the landlord and tenant agree a lower figure?

Yes. After a valid notice, the parties may agree a different rent. Official Form 4A notes tell the tenant they can agree with the landlord, in writing, to change or delay the increase. Government guidance still says you should use the Section 13 process even where the increase has been agreed.

(Source: Form 4A; Assured periodic tenancies: rent increases)

What if the tenant just stops paying the new rent?

If the notice is valid, the tenant did not apply in time, and the start date has passed, unpaid extra rent is arrears. That is different from a tenant who uses the tribunal process. Keep the served Form 4A, proof of service, and a rent record. See how to complete Form 4A.

Generate a Form 4A with the date checks built in. Use the free Form 4A generator

Last reviewed: 8 October 2026.

Frequently asked questions

Can a tenant refuse to pay a Form 4A increase?

Not if the notice is valid and they do not apply to the tribunal before the start date. In that case the new rent takes effect automatically.

What is the deadline to refer a rent increase to the tribunal?

The tribunal must receive the application before the start date on the notice.

Can the tribunal set the rent higher than the landlord proposed?

Official Form 4A notes say the tenant will not be required to pay more than the rent first proposed. Government guidance says the determined rent might be lower or the same as the proposed figure.

How much does a tribunal application cost?

£47, with no hearing fee. There is no fee if the notice is dated before 1 May 2026, or if the tenant lives in social rented housing.