What Do I Pay While Waiting for the Rent Tribunal?

You pay your current rent. Not the proposed new amount. Pay your current rent, the figure you were paying before the notice arrived. You are not in arrears for doing so. The proposed increase does not take effect while a tribunal application is pending.

The rule works like this.

Why This Changed

Under the old rules, the tribunal could backdate a rent increase to the date on the landlord’s notice. If the case took six months, you could suddenly owe six months of accumulated difference as a lump sum. That was a real financial deterrent to challenging. Many tenants accepted above-market rent increases rather than take the risk.

The Renters’ Rights Act 2025 changed this. Since 1 May 2026, there has been no backdating for a pending challenge. You continue paying your old rent throughout the dispute, and only start paying the new figure once the tribunal has decided.

This change removes the financial barrier to challenging a rent increase.

What happens at each outcome

The tribunal reduces the rent

If the tribunal finds the open-market rent is lower than your landlord proposed, it sets the lower figure. You start paying the reduced rent going forward. You were paying your old rent throughout, so no adjustment is needed for the dispute period.

The tribunal confirms the proposed rent

If the tribunal finds the open-market rent matches or exceeds what your landlord proposed, the proposed figure stands (the tribunal cannot set rent higher than the landlord’s notice). You start paying the proposed rent going forward. You do not owe any difference for the months the case was pending.

You withdraw your application

You can withdraw at any time before the determination. Your old rent has applied throughout. Withdrawal often leads to a negotiated figure between you and your landlord. There is no penalty for withdrawing, and no costs are awarded against you.

Hardship deferral

If paying the new rent immediately after the determination would cause you undue hardship, the tribunal can defer the effective date by up to 2 months after its decision. You need to request this. Include details of your financial circumstances in your Rents 1 application or raise it at the hearing.

The test is “undue hardship,” not inconvenience. If a significant rent increase landing all at once would put you in genuine financial difficulty, this protection exists.

The old advice is now outdated

If you search for what to pay during a tribunal case, you may still find guidance that reflects the old backdating rules, including advice like “save the extra rent in case you owe it later.” That was correct before 1 May 2026. Under the Renters’ Rights Act 2025, a pending challenge keeps the old rent in place until the tribunal decides.

A note on the reserve power

The Act includes a reserve power allowing the Secretary of State to reintroduce backdating by regulation if the tribunal system becomes overwhelmed. As of May 2026, this power has not been exercised and no regulations have been laid. The current position is no backdating.

For the next step, read the tribunal process guide or start a Rents 1 application before the notice deadline passes.