Can a tenant refuse a Form 4A rent increase?

The short answer

A tenant cannot simply refuse a valid Form 4A rent increase and continue paying the old rent indefinitely. However, a tenant does have the right to challenge the proposed increase at the First-tier Tribunal (Property Chamber) if they consider it to be above the market rate. The outcome of that challenge, and the consequences of not challenging, are different things, and landlords need to understand both.

What happens if the tenant does nothing

If a landlord has served a valid Section 13 notice using Form 4A, and the tenant does not apply to the First-tier Tribunal before the date the new rent is due to take effect, the new rent takes effect automatically on the date specified in the notice. No agreement from the tenant is required. The tenant does not need to sign anything, respond in writing, or confirm acceptance. (Source: Housing Act 1988, section 13; Renting out your property: guidance for landlords and letting agents, Rent increases, GOV.UK.)

This is an important point that causes confusion. Under the old system, many landlords relied on informal agreement or tenancy renewals to increase rent. From 1 May 2026, the Section 13 procedure replaced all of those methods. A valid Form 4A notice, left unchallenged, increases the rent by operation of law. The tenant's silence is not required as confirmation. (Source: Guide to the Renters' Rights Act, GOV.UK.)

What happens if the tenant challenges at the Tribunal

A tenant who considers the proposed rent to be above the open market rate may apply to the First-tier Tribunal for a determination. The application must be made before the date on which the new rent is due to take effect. If the tenant misses that deadline, the right to challenge is lost and the new rent stands. (Source: Housing Act 1988, section 14, as amended by the Renters' Rights Act 2025.)

The government has confirmed a fee of £47 for applications to challenge a rent increase at the Tribunal, with no additional hearing fee. A Help with Fees scheme is available for those who cannot afford the fee. (Source: NRLA, reporting Ministry of Justice parliamentary response, March 2026.)

When the Tribunal receives a valid application, several things happen. The tenant continues to pay the existing rent, not the proposed new rent, until the Tribunal makes its determination. The Tribunal will assess the market rent for the property by comparing it with similar properties in the local area, taking into account the size, condition, location, and comparable lettings. (Source: Renting out your property: guidance for landlords and letting agents, Rent increases, GOV.UK.)

The Tribunal may reach one of three outcomes. It may confirm the landlord's proposed rent as being at or below the market rate. It may set a lower rent if it considers the proposed figure exceeds market rate. Or it may determine that the current rent should remain unchanged. (Source: Guide to the Renters' Rights Act, GOV.UK.)

The key protections introduced by the Renters' Rights Act

The Renters' Rights Act 2025 changed the Tribunal rules in three ways that are directly relevant to whether a tenant has reason to challenge.

First, the Tribunal cannot set a rent higher than the figure stated in the landlord's Form 4A notice. Under the old regime, the Tribunal could determine a market rent that exceeded what the landlord proposed, meaning a tenant who challenged could end up paying more. That risk no longer exists. The worst outcome for a tenant who challenges is that the Tribunal confirms the landlord's proposed figure. (Source: Guide to the Renters' Rights Act, GOV.UK.)

Second, increases are no longer backdated. Under the old rules, the Tribunal's determination could be backdated to the effective date stated in the original notice. This meant a tenant who challenged and lost could owe a lump sum in arrears. From 1 May 2026, the new rent takes effect only from the date of the Tribunal's determination. During the entire period between the original effective date and the hearing, the tenant continues paying the existing rent. (Source: Renting out your property: guidance for landlords and letting agents, Rent increases, GOV.UK.)

Third, the Tribunal may defer the increase further. In cases of undue hardship, the Tribunal has the power to delay the start of the new rent by up to a further two months beyond its determination date. (Source: Guide to the Renters' Rights Act, GOV.UK.)

The combined effect of these three changes is that a tenant who challenges a rent increase at the Tribunal has little to lose. The rent cannot go higher, it will not be backdated, and the tenant continues paying the old rent throughout the process.

Can a tenant simply negotiate a lower figure?

Yes, but only in one direction. Where a landlord has served a valid Form 4A, the landlord and tenant may agree a lower rent than the figure stated in the notice. The agreed figure cannot exceed the amount proposed in the notice. The notice itself acts as a ceiling, not a floor. (Source: Housing Act 1988, section 13(4)(b), as amended.)

This means a landlord who is open to negotiation can use the Form 4A figure as a starting position and agree a reduced amount with the tenant without either party needing to involve the Tribunal. In practice, this is often a sensible outcome for both sides. The landlord avoids a potential hearing delay, and the tenant secures a rent below the proposed figure.

GOV.UK guidance recommends that landlords discuss any proposed increase with the tenant before serving Form 4A, though this is not a legal requirement. (Source: Renting out your property: guidance for landlords and letting agents, Rent increases, GOV.UK.)

What if the tenant simply refuses to pay?

If a valid Form 4A notice has been served, the tenant has not applied to the Tribunal before the effective date, and the new rent has taken effect, a tenant who continues paying the old amount is in arrears. The difference between the old rent and the new rent accrues as a debt from the effective date.

Under the Renters' Rights Act 2025, the mandatory possession ground for rent arrears (Ground 8, Schedule 2 of the Housing Act 1988, as amended) requires at least three months of arrears at both the date the Section 8 notice is served and the date of the court hearing. This is an increase from the previous threshold of two months. (Source: BCLP, Renters' Rights Act 2025, March 2026.)

It is important to distinguish between a tenant who challenges through the proper Tribunal process and a tenant who simply refuses to pay the new rent without applying to the Tribunal. The first is exercising a statutory right. The second is accumulating arrears. Landlords are advised to keep clear records of the notice served, the effective date, and all rent received, particularly where a dispute is possible.

What retaliatory eviction protections apply?

Under the old regime, many tenants avoided challenging rent increases because they feared a retaliatory Section 21 no-fault eviction notice. Section 21 was abolished on 1 May 2026. A landlord can no longer serve a no-fault eviction notice at all. (Source: Guide to the Renters' Rights Act, GOV.UK.)

A landlord who wishes to recover possession must now use a Section 8 notice and establish one of the statutory grounds. Challenging a rent increase at the Tribunal is not a ground for possession. The government has stated explicitly that the removal of Section 21, combined with the new Tribunal protections, is intended to ensure tenants feel confident in challenging rent increases without fear of losing their home. (Source: Guide to the Renters' Rights Act, GOV.UK.)

What landlords should do in practice

The practical implications for self-managing landlords are straightforward.

Propose a defensible market rent. If the proposed figure is at or below market rate and supported by comparable evidence, a Tribunal challenge is unlikely to succeed, and the process will not reduce the rent below the figure proposed. For a step by step guide to completing and serving the notice correctly, see our article on how to increase rent after 1 May 2026.

Discuss the increase with the tenant before serving. This is recommended by GOV.UK guidance and is good practice. A brief, respectful conversation explaining the basis for the increase will reduce the likelihood of a challenge and preserve a constructive tenancy relationship.

Keep records. Retain proof of service of the Form 4A, comparable evidence supporting the proposed rent, and all correspondence with the tenant. These records are essential if the matter reaches the Tribunal.

LLCR helps self-managing landlords track compliance deadlines and manage the rent increase process. Build your Form 4A rent increase notice with LLCR's Rent Increase Notice Builder.