Apply for an open market rent determination
Guidance for tenants who want to challenge their rent and ask the tribunal to determine the open market rent or licence fee of their property. Includes the application form (MR1).
Overview
When your landlord increases the rent, they will send you a notice proposing a new rent that states the new amount. If you think they are increasing it by too much, or you think the initial rent is excessive in the first 6 months of your tenancy, you can apply to the First-tier Tribunal (Property Chamber) to decide the open market value rent of the property.
The tribunal’s role under the Housing Act 1988 is to decide what the open market rent should be. This market rent might end up being lower or the same as the rent mentioned in the landlord’s notice of increase.
You can use the application form if you are applying for an open rent market determination for:
- an assured tenancy, including assured shorthold tenancy where the landlord has sent a notice proposing a new rent
- an agricultural occupancy where the landlord or licensor has served a notice proposing a new rent or licence fee
- assured shorthold tenancy where your tenancy started less than 6 months ago
If you think the landlord’s notice is not legally valid
Your landlord must send you a valid section 13 notice before increasing your rent. You can use this form to challenge the legal validity of the landlord’s notice as part of your open market rent application.
A valid section 13 notice must:
- give the correct notice period of at least 2 months (or one month if your notice was given before 1 May 2026)
- not increase the rent within 52 weeks of the last increase, or during a fixed-term tenancy
- start the increase on the correct date
- include your correct details, such as your name and address
- be on the correct form and signed by the landlord
If you only want to challenge the legal validity of the landlord’s notice, you must use the paper MR1 form. If the tribunal decides that it is valid, and you want to challenge the rent, you must make a separate open rent determination application.
Before you apply
You should read all of the guidance on this page before you apply.
You must apply before the start date of the new rent given in the notice, even if you’re still collecting your supporting evidence.
If you are unsure about any question or other part of the form, you can get help with your application.
Application fee
This application costs £47. You do not have to pay the fee if:
- you apply after receiving a notice proposing a new rent and the notice is dated before 1 May 2026
- you live in a social rented property
You may be able to get help with paying some or all of the fee if you have little or no savings, and either:
- get certain benefits
- are on a low income
Check if you are eligible for help with fees.
Apply for an open market rent determination
Apply online
Before you start you’ll need:
- a copy of your tenancy agreement (or a valid reason why you do not have one)
- the name, address and contact details of your landlord
- a copy of the landlord’s notice if you’re applying after the landlord sent you a notice proposing a new rent
- your help with fees reference number if you are eligible to get help with fees
Apply by post or email
Complete the form and send it to the tribunal by email or post using the address for the residential property office for the region you live in as listed in the form.
Evidence you should include
The tribunal need as much detail as possible about your tenancy to make a decision. You should try to provide:
Including information about the property:
- any floor plans – if not available, a rough layout will work
- a recent photo of each room, showing as much of the room as possible
- an outdoor photo of the front of the property
- the size of each room
- the property’s features, such as central heating, double glazing, carpets, curtains, appliances and furnishings - include details of who provided them
- details and photos of any repairs or improvements that have been done - include who did the work and who paid for it
- local amenities, including nearby public transport, shops, schools or other conveniences
- any other documents that support your case
You must also provide information about the rent, including any evidence from similar nearby properties (similar size, features and location) to show how much they were rented for.
Information from letting agents or websites such as Rightmove and Zoopla can help but evidence from actual agreed lettings (rental agreements) is stronger.
Details from market rental agreements is usually stronger evidence than that from housing associations, previous fair rent decisions or local housing allowance rates.
When any new rent could start
The tribunal usually decides that the new rent is payable from the proposed new rent start date in the landlord’s notice if this is after the date of the tribunal’s decision.
If the tribunal’s decision is after the new proposed new rent date has started, any new rent will usually start from the next payment date after the tribunal’s decision.
If you started your tenancy less than 6 months ago the tribunal will decide the start date of the new rent. It will not be earlier than the date you submit your application to the tribunal.
Ask the tribunal to consider your hardship
If you want to postpone the payment date, you must provide full details of your financial circumstances in the application. You must also explain why paying any new rent from the proposed date will cause you hardship.
Housing association tenancies
If your landlord is a housing association, they may set rents based on their own policies rather than market conditions. This might mean the proposed rent is lower than the market rate.
The tribunal will decide the open market rent regardless of what the housing association is proposing to charge. You should review your tenancy agreement and the notice carefully before applying. You may also want to talk to the housing association.
Get help with your application
Get a representative
A representative is someone you want to represent you during your case. They do not have to be a legal professional.
You do not need a representative to apply.
If you name a representative who is a legal professional, the tribunal will only communicate with your representative.
If you name a representative who is not a legal professional, the tribunal will ask you who you want it to communicate with. You must have your representative’s permission to add them to your case.
If you name a representative after you have submitted your application, you must tell the tribunal. Contact the tribunal by email or post and include:
- the tribunal reference number - this should be on any letter or email you have received from the tribunal
- the property address
You should also tell the landlord by copying them into the email or you can tell them by post.
Other support
The tribunal cannot offer legal advice. If you need legal help, you can ask a law centre or Citizen’s Advice.
What happens next
If you applied using the online form, the tribunal will send a copy of your application form and any attachments to your landlord. If you apply by email or post, you should send your application and any attachments to the landlord or their representative. If you cannot do this, the tribunal will send it to the landlord or their representative once they have reviewed your application.
Your landlord can respond to your application by completing the MR2 form. They have 28 days if they want to respond. They must copy you and the tribunal into any response.
If your landlord responds, you can respond to that using the Rents MR3 form. The tribunal will have sent you this when it contacted you after you submitted your open market rent determination form.
The tribunal will then review the all the information provided and determine the rent.
The tribunal’s decision
What the tribunal can decide
The tribunal’s role is to decide the open market rent based on the details provided by you and your landlord.
If you challenge the legal validity of the landlord’s notice and apply for an open market rent determination, the tribunal will decide whether the notice is valid before it considers the open market rent.
If you do not challenge the notice or the tribunal decides the notice is valid, it will determine the open market rent.
If it decides the notice is invalid it will not determine the rent and you do not need to pay the new proposed rent.
Inspections and hearings
The tribunal will decide if an inspection or a hearing is needed, or if it can make its decision by reviewing the paperwork alone.
If you think an inspection or a hearing is necessary for a fair decision, explain your reasons in the application form.
The decision is often made just on the documents submitted. The tribunal may use online resources to look at the property. If it needs an inspection or hearing, it will tell you. The hearing could be in person or online.
The decision
The tribunal will review all the evidence from you and the landlord, including, if needed, any inspection or hearing. They use this information along with their own expertise to decide on the open market rent.
They will send you and your landlord a written decision by post or email that explains the determined rent and the date when the new rent will start.
If you do not agree with the decision, you can apply for permission to appeal. You must provide reasons why you disagree.
Withdraw or update your application
Withdraw your application
You can withdraw your application. You must do this with the tribunal’s consent before the open market rent is set.
Complete the withdrawal consent form (Withdrawal 1) and send it to the tribunal by email at marketrents@justice.gov.uk.
You should also send a copy to your landlord or their representative.
Apply to update your application
You may need to apply to the tribunal about something in your case. For example, to:
- amend, vary or extend the tribunal’s deadlines
- postpone a hearing
- prohibit evidence from another party
- join or change parties
Complete the case management application form (Order 1) and send it to the tribunal by email at marketrents@justice.gov.uk.
You should also send a copy to your landlord or their representative.
Further guidance and advice
Guidance
Find out more about solving a residential property dispute.
Read more about rent cases and what happens when you apply.
Read the guidance on private renting disputes.
You can also find out about rent increases for private tenants.
Find the relevant legislation for the Housing Act 1988 and Housing Act 1996.
Get advice
You can get free legal advice from a law centre or Citizens Advice.
The Law Centre Network’s website provides details of how to contact local law centres. Local law centres provide free face-to-face advice for local people who cannot afford to pay for a lawyer. Some of them also provide telephone advice.
Citizens Advice is a charity and network of local charities, offering free, confidential advice online, over the phone, and in person.
Chat online with an advisor
Monday to Friday, 9am to 5pm
Closed on bank holidays
Telephone: 0800 144 8848 (England), 0800 702 2020 (Wales)
Monday to Friday, 9am to 5pm
Updates to this page
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Updated content for new legislation
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Updated paper form.
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Updated PO box address.
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Content guidance change.
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Updated Rents1 paper form.
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Added a link to the new live service.
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First published.