What evidence does the tribunal use to set rent?
To challenge a rent increase, you need evidence showing what your property would reasonably let for on the open market. This is the legal standard under Section 14 of the Housing Act 1988 — not what’s fair in any abstract sense, but what a new tenant would pay for an equivalent property advertised today.
What the tribunal disregards
Three factors must be ignored when the tribunal sets market rent:
| Disregard | What it means in practice |
|---|---|
| Sitting-tenant discount | The rent is assessed for a hypothetical new tenant, not your existing relationship with the landlord |
| Improvements you paid for | If you fitted a new kitchen at your own cost, the tribunal values the property as if it hadn’t been installed |
| Value reduction from your own breaches | Damage or deterioration you caused doesn’t reduce the market rent figure |
The current rent level, the size of the proposed increase, and personal financial circumstances are also irrelevant — the exercise is purely about what the open market would produce for a new letting.
Evidence the tribunal accepts
| Evidence type | Weight |
|---|---|
| Actual tenancy agreements for comparable lets | Strongest |
| Agent letters confirming agreed rents | Strong |
| Rightmove / Zoopla listings (explicitly accepted) | Medium — asking prices, not agreed rents |
| Estate agent valuation letter | Medium — opinion evidence |
| ONS / VOA rental data | Background context only |
| Housing association rents | Weak — set by policy, not market |
| Local Housing Allowance rates | Weakest — set at the 30th percentile by design |
Actual agreed lettings outweigh asking prices. A tenancy agreement or a letter from a local letting agent confirming what a comparable property actually rented for carries more weight than a Rightmove screenshot.
How to find comparables
Search Rightmove and Zoopla for recently let properties with:
- Location — same street or neighbourhood; within ~0.5 miles in urban areas
- Property type and bedrooms — flat vs house matters; floor level matters for flats
- Condition and furnishing — note any differences from your property
- Date — within the last 6 months; rental markets move quickly
Use “Let Agreed” filters where available — these reflect agreed transactions, not just asking prices.
How to document your evidence
- Screenshot each listing: address, rent, bedrooms, property type, date, photos
- Make a short table of all comparables, noting any differences from your property
- Note adjustments explicitly: “this property has off-street parking; mine does not”
- Submit everything with your Rents 1 application, or as early as possible — evidence produced on the day of a hearing can be given less weight or excluded
Upper Tribunal decisions have consistently held that comparables must be disclosed in advance, not produced at the last minute.
What happens if you submit no evidence
The tribunal will draw on its own expertise. Tribunal panels include surveyor members who know local rental markets — they will not leave the question unanswered. But with no evidence from you, the outcome is harder to predict and harder to appeal. Good comparable evidence makes the result more predictable and gives you a stronger position if you need to challenge it.
To understand how long the process takes while you’re preparing, see our guide on how long a rent tribunal takes.
For the full application process, see our guide on challenging a rent increase at tribunal.
For a full overview of all the protections introduced by the Renters’ Rights Act 2025, see our guide to the Act.
Frequently asked questions
- Comparable lettings — evidence of what similar nearby properties have recently rented for. Actual tenancy agreements carry the most weight, followed by Rightmove and Zoopla listings. Include property photos, room dimensions, and a full amenities list with your Rents 1 application.
- No. There is no requirement to instruct a RICS surveyor. The tribunal panel includes its own surveyor members with local market knowledge. Well-documented comparable evidence from Rightmove and Zoopla is sufficient in most cases.
- Three things: any sitting-tenant discount, any improvements you funded yourself, and any reduction in value caused by your own breach of the tenancy. These are the statutory disregards under Section 14 of the Housing Act 1988.
- The tribunal will use its own knowledge of local rental markets. It won't leave the question unanswered — but the outcome is less predictable, and you have less basis to appeal if you disagree with the result.
Sources
Official materials and primary sources used to review this guide.
- Housing Act 1988, Section 14 , legislation.gov.uk
- Rents 1: application referring a rent notice to the tribunal , GOV.UK