What the rent tribunal looks at: market rent evidence for tenants

Checked against legislation.gov.uk and GOV.UK on 6 October 2026. England only. Guidance only, not legal advice.

When you challenge a rent increase, the tribunal does not ask whether the rise is fair or affordable. It decides one figure: the open market rent for your home. This guide explains what that means, what the tribunal looks at and how to gather evidence yourself, for free. It is for private renters in England.

The test the tribunal applies

Section 14(1) of the Housing Act 1988 tells the tribunal to decide "the rent at which ... the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy" with the same rent periods and the same terms as yours. In plain words: what would a landlord get for your home, as it is, if they let it today on your terms?

The tribunal also uses its own knowledge. GOV.UK says it uses the evidence from both sides "along with their own expertise to decide on the open market rent". So your evidence is not the only thing it sees, but it is the part you control.

What the tribunal ignores

Section 14(2) tells the tribunal to disregard three things:

any effect on the rent from you being a sitting tenant
any increase in value from an improvement you made that you were not obliged to make
any drop in value caused by you not keeping to the terms of your tenancy

So if you fitted a new kitchen at your own cost, it should not push your rent up. But if you damaged something, the tribunal should not lower the rent because of it.

Why evidence matters so much

A LandlordZone review of early decisions under the new rules found that "in 15 of the 25 cases the tenant provided no comparable rents at all". Half of the decisions it looked at set the rent at the full figure in the notice. A tenant who sends no evidence leaves the tribunal with the landlord's figures and its own expertise.

1. Evidence about your home

GOV.UK lists what to include about the property:

any floor plans, or a rough layout
a recent photo of each room and one of the front of the property
the size of each room
features such as central heating, double glazing, carpets, curtains, appliances and furnishings (and who provided them)
details and photos of any repairs or improvements, who did them and who paid
local amenities, such as transport, shops and schools

Be honest and specific. A home with an old boiler, single glazing, damp in one bedroom and no outside space lets for less than one that is newly refurbished. Form 4A itself says "The tribunal can consider other factors like the condition of the property".

Disrepair

If something is broken and it is your landlord's job to fix it, show it: dated photos, the messages where you reported it and any replies. Keep it factual. The tribunal is deciding the rent, not a repairs claim, but the condition of the home is part of what a willing tenant would pay.

2. Evidence about rents for similar homes

GOV.UK says you must provide "any evidence from similar nearby properties (similar size, features and location) to show how much they were rented for". It adds: "Information from letting agents or websites such as Rightmove and Zoopla can help but evidence from actual agreed lettings (rental agreements) is stronger."

Where to look

Homes to let near you. Search property websites and local letting agents for homes like yours: the same type, the same number of bedrooms, in the same area. Save a copy or screenshot of each listing with the date. These show asking rents.
Agreed rents you know about. Neighbours in similar homes may tell you what they pay and when they agreed it. An agreed rent is stronger than an asking rent. Ask their permission before you share any details.
Past tribunal decisions. The GOV.UK residential property tribunal decisions register publishes rent decisions, many with the address, a description of the home and the rent the tribunal set. Look for recent ones near you.
Official averages. The ONS Price Index of Private Rents gives average rents by local authority and number of bedrooms. ONS reported that the average monthly rent in England was £1,459 in August 2026. Use these as background only: they are averages for a whole area, not your home.

Compare like with like

For each example, note what makes it better or worse than your home. A newly refurbished flat with parking is not a fair comparison for an older flat without, unless you say how they differ. The tribunal weighs differences in size, condition, features and location.

3. Build a simple comparables table

A clear table is easier for the tribunal to use than a pile of screenshots. One row per home:

Street or area	Type and bedrooms	Condition and features	Rent per month	Asking or agreed	Date and source
Example Road, 0.3 miles	2-bed flat, first floor	Gas heating, double glazing, no parking	£1,150	Asking	Letting agent advert, 3 September 2026
Tribunal decision, same postcode area	2-bed flat	Older kitchen, single glazing	£1,050	Decided by the tribunal	Decisions register, June 2026

Then give your figure in section 12 of the MR1 and explain in two or three sentences how the table supports it. The free checklist has a blank version of this table.

4. Inspections and hearings

GOV.UK says "The decision is often made just on the documents submitted. The tribunal may use online resources to look at the property." It decides whether to inspect or hold a hearing. The tribunal's leaflet T540 says it "will only inspect inside a property if the tenant has given their permission". At an inspection you can point things out, such as a damp patch, but the leaflet says you will not be allowed to argue about why it is there.

Ask for an inspection in section 13 of the MR1 only if something cannot be shown in photos or documents, and say why.

5. Using ONS data properly

ONS statistics are published under the Open Government Licence v3.0, which allows anyone to copy and use them, including commercially, as long as the source is acknowledged. If you quote ONS figures, say where they came from and the month they cover, for example "ONS Price Index of Private Rents, August 2026". Remember that the index measures rents across new and existing tenancies in an area. It is a guide to the local market, not a valuation of your home.

What not to rely on

Online rent calculators. Shelter's adviser guide warns that they "don't always reflect the true market value for a specific property".
What you can afford. Affordability is not part of the test, although real hardship can delay when a new rent starts.
Housing benefit or local housing allowance rates. GOV.UK says rental agreements in the open market are usually stronger evidence than local housing allowance rates or old fair rent decisions.

Next steps

Put your evidence into the MR1. Our MR1 step-by-step guide shows where each piece goes. If you are short of time, apply before the start date and send evidence as soon as you have it. For advice on your own case, contact Shelter, Citizens Advice or a law centre.

Want your own facts in the form's order? The Rent Challenge Pack (£34.99) turns your answers into MR1 answers question by question, with your covering letters and a guide to your dates. You check, sign and send it yourself.

Questions people ask

What is the open market rent?

The rent at which the tribunal considers your home might reasonably be expected to be let in the open market by a willing landlord, on the same terms as your tenancy (Housing Act 1988, section 14(1)).

Are property adverts good evidence?

They help, but GOV.UK says evidence from actual agreed lettings is stronger. An advert shows an asking rent, not what a tenant agreed to pay. Say clearly which of your examples are adverts.

Can I use ONS rent figures?

Yes, as background. ONS data is free to use under the Open Government Licence. It gives averages for an area, not a figure for your home, so use it alongside comparable homes.

Does disrepair lower the rent?

The tribunal can consider the condition of the property. Form 4A says the tribunal can consider other factors like the condition of the property. Disrepair that is your landlord's responsibility is worth showing with photos and dated messages.

Will the tribunal visit my home?

Usually not. GOV.UK says the decision is often made just on the documents submitted. The tribunal decides whether an inspection is needed and only inspects inside with the tenant's permission.

What the tribunal looks at: market rent evidence

The test the tribunal applies

What the tribunal ignores

Why evidence matters so much

1. Evidence about your home

Disrepair

2. Evidence about rents for similar homes

Where to look

Compare like with like

3. Build a simple comparables table

4. Inspections and hearings

5. Using ONS data properly

What not to rely on

Next steps

Questions people ask

Sources