What evidence does the tribunal use to set rent?
Mahesh
Founder and editor, RentCtrl
Published
Last reviewed
Human reviewed
Mahesh is responsible for this guide.
Primary sources
2 listed below
Clear limits
How we research and use AITo 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. The question is what a new tenant would pay for an equivalent property advertised today, not what feels fair in the abstract.
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.
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.
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: as recent as possible; rental markets move quickly
Use “Let Agreed” filters where available, but treat the displayed figure cautiously: it may still be the asking rent rather than the final agreed amount. An actual tenancy agreement or confirmation from an agent is stronger evidence of an achieved rent.
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 your evidence with the application, or as directed by the tribunal. Evidence produced late 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 must still decide the application, but its membership varies and you should not assume it will fill gaps in your evidence. With no comparables from you, the outcome is harder to predict. Good evidence gives the tribunal a clearer basis for comparing your home with the market.
Once you have a few good comparables, use them to decide whether to start a tribunal challenge before the notice deadline passes.
Frequently asked questions
- Comparable lettings: evidence of what similar nearby properties have recently rented for. Actual tenancy agreements carry more weight than listing evidence. Include relevant property photos, room dimensions and features with your application.
- No. There is no requirement to instruct a RICS surveyor. Listings can help establish context, but they do not prove the agreed rent; tenancy agreements or an agent's confirmation are stronger.
- 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
- Apply for an open market rent determination , GOV.UK