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

Three Things Every Tenant Should Know

Two changes took effect on 1 May 2026, and a long-standing scheme can reduce or remove the fee.

Change 1 — The Fee Is £47

The fee is set by the First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026 (SI 2026/485), in force 1 May 2026. GOV.UK says no fee is payable if the notice is dated before 1 May 2026 or the property is social rented housing. Check the GOV.UK page 'Apply for an open market rent determination' before applying.

£47 is a small sum next to the cost of legal advice. For a tenant facing a £150-a-month increase, the fee is less than one month of the increase.

Change 2 — No More Upward Determinations

Under the old rules, the tribunal set the rent at the open-market figure it determined, even if that was higher than the landlord's proposed figure.

The Renters' Rights Act 2025 changed this. The new rent is now the open-market rent if that is lower than the proposed rent, and otherwise the proposed rent (Housing Act 1988 s.14ZB(5)). So the tribunal can:

• confirm the landlord's proposed rent, or
• set the open-market rent where that is lower — even if it is below the rent you pay now.

The rent cannot be set above the figure proposed in the Form 4A.

For the tenant, the worst outcome on the rent itself is that the landlord's figure is confirmed — the figure you would otherwise have had to pay.

Help With the Fee (EX160)

Help with Fees covers court and tribunal fees. You may be eligible if you have little or no savings and get certain benefits (income-based Jobseeker's Allowance, income-related Employment and Support Allowance, Income Support, Universal Credit where you earn less than £6,000 a year, or Pension Credit Guarantee Credit), or are on a low income. For a fee of £1,420 or less, applicants aged 65 or under can have savings of up to £4,250. If you earn more than the income limits, you may still get some money off. The limits change from time to time, so check GOV.UK ('Get help paying court and tribunal fees') before applying.

For a tenant who qualifies for full help, the challenge may cost nothing in fees, and the rent cannot be set above the landlord's figure.

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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 rent at which the property might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy on the same terms (s.14(1)). If that open-market rent is below the landlord's proposed figure, the tribunal's figure becomes the rent (s.14ZB(5)).

This is not a "fair rent" determination (the Rent Act 1977 'fair rent' system does not apply to assured tenancies). It is a market-rent determination. The statutory test does not include the tenant's ability to pay; the tribunal considers 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)
• Order either side to pay the other's costs for unreasonable conduct (rule 13(1ZA)(b), SI 2013/1169), or award damages or compensation — although it can order one party to repay the other's tribunal fee (rule 13(2))
• 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 floor at the existing rent. Under section 14ZB(5) of the Housing Act 1988 (inserted by the Renters' Rights Act 2025), the new rent is the open-market rent if that is lower than the rent proposed in the Form 4A, and otherwise the proposed rent. So if you are paying £1,500 and the open-market rent is genuinely £1,400, the tribunal can set £1,400. If the tribunal decides before the start date in the notice, the new rent starts on that date; if it decides after, the new rent starts at the beginning of the first rent period on or after the decision, so it is not backdated (s.14ZB(3)(a)–(b)). If that would cause the tenant undue hardship, the tribunal can direct a different date within two months of the decision (s.14ZB(3)(c), (4)).

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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 in time. The tribunal must receive your application before the start date in the notice (s.13(4); Form 4A, section 5.2). Apply online or allow time for post.
• Apply online or on Form MR1 ('Apply for an open market rent determination', GOV.UK).
• Pay £47, or apply for Help with Fees. You can apply online or on form EX160, before or after you pay; GOV.UK says you can get a refund of a fee paid in the last three months.
• 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 you and the tenant agree a lower rent before the start date in the notice, that rent applies instead (s.13(4)(b)). After a determination, you can agree in writing a rent lower than the one the tribunal set (s.13(4A)(c)).
• Prepare for the determination. Once the tenant has applied in time, the tenant does not have to pay the new rent until the tribunal decides (s.13(4); Form 4A, section 5.2).

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EX160 in Practice

1. Apply online at GOV.UK ('Get help paying court and tribunal fees'), or download form EX160 from GOV.UK (current file EX160_1123_v2; page last updated 19 January 2026).
2. Have your details ready. You will be asked about your savings, any benefits you receive and your income.
3. Send it with your application, or apply after paying — GOV.UK says you can get a refund of a fee paid in the last three months.

Check the GOV.UK guidance for how your application will be decided and what to do if it is refused.

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Worked Example

A tenant on Universal Credit, who earns less than £6,000 a year and has savings under £4,250, lives in a two-bedroom flat in west London. Current rent £1,400 per calendar month, due on the 12th of each month. The rent has not been increased since the tenancy began in 2023. On Monday 1 June 2026 the landlord serves Form 4A proposing £1,650 with effect from 12 August 2026 — an 18% increase. Two months from service is 1 August, so 12 August is the first valid rent-period start.

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

The tenant completes Form MR1, applies for Help with Fees with a recent Universal Credit award letter, and posts both to the tribunal on Monday 22 June 2026, well before the 12 August start date. If Help with Fees is granted in full, the fee is £0.

The tribunal decides the application on the papers on Wednesday 14 October 2026, having considered the six comparables and the condition evidence, and sets the rent at £1,510 per calendar month. Because the decision comes after the 12 August start date in the notice, the new rent takes effect from the first rent period beginning on or after the decision, 12 November 2026 (s.14ZB(3)(b)). Until then the tenant keeps paying £1,400.

The tenant's net position: rent of £1,510 rather than £1,650 — a saving of £140 per month, £1,680 over a year — for no fee if Help with Fees is granted in full.

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BundleCreator's tenancy-variation area at /tenancy-variation helps you organise the Form 4A as served, your comparable evidence and witness statements into an indexed bundle for the First-tier Tribunal (Property Chamber). The notice and the application must be on the official forms from GOV.UK, and Help with Fees is applied for online or on the official form EX160.

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 independent advice at no cost, 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.