The £47 Fee, EX160 Remission, and Why the Tribunal Can Only Revise Rent Down

Last updated: 11 May 2026

Quick Answer

From 1 May 2026, the application fee for challenging a Section 13 rent increase at the First-tier Tribunal (Property Chamber) is £47. Tenants on low incomes can apply for full or partial remission of the fee using Form EX160. Following the Renters' Rights Act 2025, the tribunal can only confirm the landlord's proposed rent or reduce it — never raise it above the figure on the Form 4A. This removes the historic risk of a "boomerang" upward determination and is expected to drive a sharp increase in applications throughout 2026.

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The Three Things That Have Changed

The economics of rent-tribunal applications have shifted decisively in the tenant's favour. Three changes, all effective from 1 May 2026, together transform the calculation.

Change 1 — The Fee Is £47

The £47 figure was confirmed by the Government in April 2026 in advance of the Renters' Rights Act commencement, with the stated intention of keeping the fee deliberately low to make the tribunal accessible to litigants in person. Practitioners should check the current FTT fees schedule on gov.uk before applying.

£47 is a fraction of typical hourly rates for legal advice. Compared to the standard County Court fee for issuing a possession claim, or the money-claim issue fees that scale by value (see the current Civil Proceedings Fees Order on gov.uk), the rent-tribunal fee is genuinely small. For a tenant facing a £150-per-month increase, recovering £47 from a successful application is a single month's payback.

Change 2 — No More Upward Determinations

Under the old regime, the tribunal could set the rent at whatever it determined to be the open-market figure — even if that was higher than the landlord's proposed figure. A tenant who applied to challenge a £100 increase could find themselves with a £200 increase awarded by the tribunal. This "boomerang" risk deterred applications.

The Renters' Rights Act 2025 removed this risk. The tribunal can now only:

• Confirm the landlord's proposed rent
• Reduce it to the tribunal's determination of the open-market rent
• Effectively reduce to the existing rent if the existing rent is already at or above market

The tribunal cannot set a rent above the figure proposed in the Form 4A. This is a hard cap, written into the statute by amendment to Section 14 of the Housing Act 1988.

For the tenant, this means the downside risk of applying is effectively zero on rent. The worst the tribunal can do is confirm the landlord's figure — which is the figure the tenant would otherwise have had to pay anyway.

Change 3 — EX160 Remission

The standard court fee remission scheme applies. Tenants on a low income or in receipt of certain benefits can apply for full or partial remission of the £47 fee using Form EX160 (gov.uk, retrieved 2026-05-11).

Full remission is available where the applicant's disposable monthly income and household capital both fall below the thresholds set out in the current EX160 guidance on gov.uk. The thresholds are updated periodically — check the figures on the current EX160 form before applying. Partial remission applies at higher income/capital thresholds, on a sliding scale.

For tenants in receipt of Universal Credit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, or Guarantee Credit pension support, the EX160 process is straightforward. Where the applicant receives Universal Credit and household income is below the EX160 income threshold, full remission is the usual outcome — but UC recipients with household income above the threshold will only get partial remission.

The combination of the £47 fee, the no-upward-determination rule, and EX160 remission means a low-income tenant can challenge a Form 4A rent increase for zero cost and zero risk.

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The Expected Application Surge

Landlord Knowledge, a trade publication for the rental sector, published a piece in April 2026 headed "Rent tribunal fee set at just £47 as landlords brace for challenge surge" (landlordknowledge.co.uk, retrieved 2026-05-11). The article quoted property professionals predicting a marked increase in applications throughout May, June and July 2026 as tenants test the new regime.

Tessa Shepperson's Landlord Law Blog took the same view, advising landlords that the days of "stab in the dark" Section 13 figures are over (landlordlawblog.co.uk, retrieved 2026-05-11). A landlord who proposes a rent without comparable evidence is now exposed to a tribunal challenge that costs the tenant almost nothing and carries no downside.

The practical effect on listings:

• For landlords, the floor for Section 13 figures has risen. Pick a figure you can justify with comparable evidence, or expect a challenge.
• For tenants, the application calculus is straightforward. If the proposed rent is meaningfully above the local market, apply.

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When the Tribunal Can Reduce Below the Proposed Figure

The tribunal's job under Section 14 of the Housing Act 1988 is to determine the open-market rent — the rent the property would let for under a new assured tenancy on the same terms. If the panel concludes that the open-market rent is below the landlord's proposed figure, they will set the rent at the market figure.

This is not a "fair rent" determination (the old Rent Act 1977 framework is gone for assured tenancies). It is a market-rent determination. The tribunal does not consider the tenant's ability to pay; they consider what the property is worth in rent.

Common reasons the tribunal might set a rent below the landlord's proposed figure:

• The proposed figure is above local comparables
• The property has condition issues that reduce its market value
• The property has dated specification (kitchen, bathroom, heating) that reduces its market value
• The property has location issues (noise, traffic, lack of amenities) that the proposed figure ignores
• The tenancy terms include unusual features (e.g. landlord-paid utilities) that affect the comparable analysis

For the tenant, the more evidence of these factors you can present, the lower the tribunal's determination is likely to be.

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What the Tribunal Cannot Do

The tribunal has limits on its jurisdiction. It cannot:

• Set the rent above the figure proposed in the Form 4A (new from 1 May 2026)
• Change other terms of the tenancy (only the rent figure is at large)
• Award damages, compensation or costs to either party
• Take into account the tenant's ability to pay
• Take into account benefit entitlement
• Determine a "fair rent" (only an open-market rent)

There is no "existing rent floor". Under Section 14 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025), the tribunal determines the rent as the lower of (a) the rent proposed in the Form 4A and (b) the open-market rent. If the open-market rent is below your current rent, the tribunal can determine that lower figure. So if you are paying £1,500 and the open-market rent is genuinely £1,400, the tribunal can set £1,400 — the current rent is not a floor. The determined rent then takes effect from the start of the next rent period after the determination; it is not backdated to the notice date (the tribunal may defer further in cases of undue hardship).

The single most common misunderstanding among landlords is the first: there is no upward risk to the tenant. Tenants who apply are not taking a punt; they are entering a one-way bet.

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What Each Side Should Do

The Tenant

If you have received a Form 4A and think the proposed rent is above market:

• Apply within the deadline. The application has to be made before the proposed effective date. Allow at least three working days for the tribunal to receive it.
• Use the FTT's prescribed rent-determination application form. This is the prescribed application form.
• Pay £47, or apply for remission. If you are on Universal Credit, Income Support or equivalent, complete Form EX160 and submit it with your application. Full remission is the usual outcome.
• Attach your evidence pack. Comparables, condition photographs, a brief witness statement. See our separate pieces on rent-tribunal evidence and challenging a Form 4A rent increase for the detail.
• Keep paying the existing rent. The old rent continues until the tribunal determines the application. Stopping rent now would be a separate breach of contract and would weaken your position.

The Landlord

If your Form 4A has been challenged:

• Pull together your comparable evidence. Get a letting agent's letter if you do not already have one. Build a comparable schedule that shows the basis of the figure on the form.
• Acknowledge weaknesses in the property. Condition issues, dated specification, location factors — these will come out at tribunal anyway, and pretending they do not exist undermines your credibility.
• Decide whether to defend or settle. If the tribunal is likely to reduce the rent significantly, consider offering a compromise figure directly. The tenant can withdraw the application; both sides save the tribunal time; the new rent takes effect by agreement.
• Prepare for the determination. If the application has been made, the tribunal will determine it. There is no "withdraw the Form 4A" option for the landlord — once served, the form is on the table until the tribunal decides.

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EX160 in Practice

The fee remission process is intentionally simple:

1. Download Form EX160 from gov.uk. The current version is dated 2024 but remains valid.
2. Complete the form. It asks for household income, capital, and benefits received. Most fields are tick-boxes.
3. Attach supporting documents. Most recent bank statements, benefit award letters, payslips.
4. Submit with the application. EX160 goes in with the FTT's prescribed rent-determination application form.

The tribunal assesses remission as a paper exercise, usually within five working days. If remission is granted, you do not pay the £47. If it is not, the tribunal will write to you asking for the fee.

Errors in the EX160 process are reversible. If the tribunal refuses remission and you think the refusal is wrong, you can ask for a review — the current process is set out in the EX160 guidance on gov.uk.

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Worked Example

A tenant on Universal Credit lives in a two-bedroom flat in west London. Current rent £1,400 per calendar month. The landlord serves Form 4A proposing £1,650, with effect from 12 June 2026 — an 18% increase.

The tenant searches Rightmove and finds six comparable flats, all asking £1,450–£1,550. Two have agreed lettings at £1,475 and £1,500. The tenant photographs the flat's worn kitchen and damp patch in the bathroom.

The tenant completes the FTT's prescribed rent-determination application form, submits Form EX160 with a recent UC award letter, and posts both to the tribunal on 22 May 2026. Cost: £0 (full remission).

The tribunal lists for a paper determination in October 2026. The valuer member assesses the evidence — six comparables, condition issues, the proposed figure clearly above the market. The tribunal sets the rent at £1,510 per calendar month with effect from 12 June 2026.

The tenant's net position: rent of £1,510 rather than £1,650 — a saving of £140 per month, £1,680 over a year. Application cost: £0. Risk: £0.

Landlords are right to be cautious about Section 13 figures in 2026.

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BundleCreator's tenancy-variation templates at /tenancy-variation include the the FTT's prescribed rent-determination application form application particulars, the EX160 cover, and the supporting comparable evidence schedule, all aligned to the FTT Property Chamber bundle requirements.

Nothing in this article is legal advice or a substitute for it. The information here describes the law as it stands at the date shown; the law and procedure may change. For free regulated advice, contact Citizens Advice, Shelter England, your local Law Centre, or the Housing Loss Prevention Advice Service (which is available without charge to any tenant served a Section 8 notice). The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (as amended) apply to rent-determination applications.