Tenants who are unsuccessful in challenging the increase might need support to afford the rent or to find a more affordable property.

How and when the increase takes effect

A decision is normally made within six weeks of the written or oral hearing. The tribunal decides when the new rent starts.

The new rent will be backdated to the date on the section 13 notice. A tenant might accrue rent arrears due to a backdated rent increase. A tenant's rent arrears could be significant if there are delays in the tribunal process.

In cases of undue hardship, the tribunal can delay the date the new rent takes effect. The new rent cannot start later than the date the tribunal sets it.

If the tenant does not pay the new rent, they will accrue rent arrears and the landlord can take steps to evict them.

When to appeal against the tribunal's decision

A tenant can apply to appeal the tribunal's decision if they believe it has made a mistake or the tribunal has not correctly applied the law.

An appeal must be submitted to the tribunal within 28 days of the decision and costs £275.

If the tribunal agrees to allow an appeal, the tenant will be instructed on how to make their appeal to the Upper Tribunal.

Advise your client to seek specialist legal advice before making an appeal.

Impact on housing benefit and universal credit

Some tenants are entitled to universal credit housing element or housing benefit to help pay their rent.

The tenant's benefits might cover the rent increase, as housing support is based on the local housing allowance (LHA) rate.

Tell the Department of Work and Pensions (DWP) immediately about the rent increase, as payments might not be backdated if this is not reported straight away. The tenant can update housing costs through their online account.