The Strongest Evidence When Defending a Rent Increase
A recent tribunal decision suggests landlords may be better placed to defend rent increases when they can show evidence of rents actually achieved, rather than simply advertised. We explain why Cope & Co’s evidence-led rent review process matters, and how the speed of the ruling could reassure landlords that a challenge need not delay an increase.
A recent First-tier Tribunal decision has provided an early indication of how rent increase challenges may be approached under the new Section 13 regime.
The decision suggests that evidence of rents actually agreed and paid could carry considerably more weight than advertised asking rents. It also demonstrates that a tenant’s challenge may not necessarily result in a lengthy delay to the proposed increase.
For landlords, the message is clear; rent reviews need to be supported by reliable, relevant and well-organised evidence.
At Cope & Co., evidencing achieved rents is already central to our rent review process. We do not base our recommendations solely on what other landlords or agents are advertising. We look at what comparable homes have genuinely let for, ensuring that any proposed increase can be properly justified.
At the time of writing this blog, we haven't had a rent increased challenged... but when we do, we'll be ready!
What happened in the tribunal case?
The case concerned a flat at Skylark Point, a build-to-rent development in London. The existing rent was £3,102 per month. The landlord, Get Living, proposed increasing it to £3,180, while the tenant argued that the appropriate market rent should be £3,040 - these figures show that any increase, no matter how small, can be challenged.
Both parties submitted comparable properties to support their positions. However, there was an important difference between the evidence they provided.
The tenant relied on rents being advertised for similar properties by the same landlord. The landlord supplied evidence of rents that had actually been achieved on comparable flats within the same development and an adjoining one.
The tribunal upheld the landlord’s proposed rent of £3,180.
In its decision, the tribunal explained that it had considered the tenant’s advertised comparables but had given them less weight because they did not show the rents that were ultimately agreed.
Advertised rents are not always market rents
An advertised rent is effectively an asking price. It shows what a landlord hopes to achieve, but it does not confirm that a tenant was willing to pay that amount. A property advertised at £1,300 per month may eventually be let for £1,250. It may also remain available for several weeks before the asking rent is reduced.
By contrast, an achieved rent provides evidence of a completed transaction. It demonstrates the amount a tenant agreed to pay for a particular property at a particular point in time. That distinction could become increasingly important when a rent increase is challenged.
The tribunal’s early decision suggests that a collection of online listings may not be enough on its own. Landlords could be in a much stronger position when they can produce recent evidence of genuinely agreed rents for closely comparable properties.
The decision is not binding on other tribunals, and each case will still be determined on its own facts. Nevertheless, it provides a useful indication of the type of evidence that may be considered persuasive.
The Cope & Co. approach to rent reviews
At Cope & Co., our rent review process is evidence-led.
We assess the property against recent local lettings, with particular attention given to rents that have actually been achieved. This includes data from completed tenancies and comparable properties within the areas in which we operate.
We also examine the details that can materially affect rental value, including:
🔹 Property type, size and number of bedrooms
🔹 Location and immediate surroundings
🔹 Condition, presentation and specification
🔹 Furnished or unfurnished status
🔹 Parking, gardens and outdoor space
🔹 Energy efficiency and heating arrangements
🔹 The date on which the comparable tenancy was agreed
🔹 Current tenant demand and available supply
This matters because two properties described as “three-bedroom houses” may not be genuinely comparable. Their condition, location, parking arrangements, room sizes and overall specification could be very different.
Where a tribunal is considering the matter on paper, the evidence must make those differences clear. A judge may not inspect the property and may have limited knowledge of the immediate local market.
A well-prepared rent review therefore needs to do more than quote a few online listings. It should explain why the proposed rent is reasonable and why the selected comparable properties are relevant.
The speed of the decision is equally significant
The timing of the Skylark Point decision may be just as important as the tribunal’s approach to comparable rents. The landlord served notice on 30th May, proposing that the new rent should take effect from 20 August. The tribunal issued its decision on 17 July, before the proposed increase was due to begin.
As a result, the tenant’s challenge did not delay the increase. The tribunal confirmed that the landlord’s proposed rent would apply from the original effective date. This was significantly quicker than many property professionals had expected.
There had been concern that rent increase challenges could create lengthy delays, particularly if tribunals wanted to arrange property inspections or in-person hearings. In this case, the matter was decided entirely on written evidence. No inspection took place, and the case was determined in the Leicester region despite the property being located in London.
Although landlords should not assume that every future case will be dealt with at the same speed, the decision shows how quickly a properly documented case can potentially progress. It also reinforces the need to have the evidence ready before serving notice.
Preparation should begin before the notice is served
A landlord should not wait until a tenant challenges an increase before beginning to search for comparable properties. By that stage, valuable information may be harder to retrieve. Listings may have been removed, tenancy details may be incomplete and the most relevant market evidence may no longer be readily available.
Our process is designed to address this from the beginning. Before recommending an increase, we assess the available evidence, consider the property’s individual characteristics and establish whether the proposed figure can be reasonably supported.
This helps landlords avoid speculative or excessive increases while also reducing the risk of underpricing a property. It also means that, should the rent be challenged, there is already a clear record explaining how the proposed figure was reached.
What does this mean for landlords?
The tribunal decision should not be interpreted as confirmation that every landlord’s proposed increase will automatically be approved. The quality of the evidence remains crucial.
Large build-to-rent operators may have access to numerous identical or near-identical properties within the same development. Individual landlords are less likely to have that volume of internal data, but they can still build a strong case by working with an experienced local letting agent that records completed lettings and understands the differences between genuinely comparable homes.
The strongest evidence is likely to be recent, local and closely matched to the property being reviewed. Advertised rents can still provide useful context, particularly when assessing current supply and competition. However, they should not be mistaken for proof of what the market has accepted.
Evidence, accuracy and speed
This early case offers two encouraging lessons for responsible landlords.
First, tribunals may give greater weight to rents that have actually been achieved than to headline figures taken from property portals. Secondly, a well-documented challenge may be determined quickly enough for the increase to take effect on the date originally proposed.
At Cope & Co., our rent reviews are built around this evidence-based approach. We use genuine market information, assess each property individually and retain the supporting evidence behind our recommendations.
That gives landlords a clearer understanding of their property’s rental value and places them in a stronger position should an increase ever be questioned.
Are you considering reviewing the rent on your property? Speak to us before serving notice. As an established Derby letting agent, we can assess the current market, identify relevant achieved rents and help ensure that any proposed increase is fair, supportable and handled correctly.
