Agents should prepare landlords for the possibility of more tribunal involvement, particularly around rent increases and local authority enforcement. Where disputes arise, early advice, complete documentation and realistic expectations timescales will be essential.
Propertymark will continue to press the UK Government to ensure that the Renters’ Rights Act is supported by the court and tribunal capacity needed to make the system work.
The new fees, exemptions, and help available
The Property Chamber already deals with a wide range of property-related applications, but whilst around 250 types of application are available, only about half currently attract a fee. The new framework introduces different fee levels depending on the type of application.
Applications to appeal a rent increase will attract a £47 application fee, with no hearing fee. This lower fee is intended to protect access to justice for tenants who may be facing housing instability or financial pressure.
A standard fee of £200 to bring an application and £300 for a hearing will apply to appeals against new financial penalties that local authorities can impose on landlords under the Renters’ Rights Act. New rent repayment order routes created by the Act will be brought into the existing fee regime, with a £114 application fee and a £227 hearing fee.
Fee exemptions will continue to apply in some cases, including urgent issues such as remedial orders for unsafe residential buildings and some lower-value claims. The Help with Fees scheme will remain available for eligible applicants on low incomes or in receipt of qualifying benefits.
The UK Government has stated that the average Property Chamber case costs the taxpayer more than £900, so even after the new structure is in place, proceedings will continue to be heavily subsidised.
More routes into the tribunal
The Renters’ Rights Act significantly expands the role of the tribunal in the private rented sector. Tenants will be able to challenge proposed rent increases, challenge the validity of rent increase notices, and, within the first six months of a tenancy, ask the tribunal to terminate a tenancy if they believe the starting rent is above the open market rent.
For letting agents, this means rent-setting evidence, market comparables, tenancy records and notice processes will become even more important. Agents should ensure landlords understand that rent increases may face closer scrutiny and that clear, well-documented reasoning will help reduce disputes.
The UK Government also expects more cases to come into the Property Chamber. During the parliamentary debate, the Minister for Courts and Legal Services confirmed that an increase in receipts is expected and said steps were being taken to increase capacity, including recruiting additional administrative staff, establishing a centralised operating hub, and developing a new digital system for rent appeals.
Access to justice must work for all parties
We have repeatedly warned that the Renters’ Rights Act places much greater reliance on the court and tribunal system. With Section 21 removed, more possession cases will depend on Section 8 grounds and the ability of the courts to process claims efficiently. Propertymark has consistently called for a properly resourced and modernised court system, including digitised processes, regional consistency and clearer possession timelines.
Our research shows that the average time from claim to repossession has risen to over 68 weeks, compared with just over 20 weeks in 2019. These delays create uncertainty for landlords and agents, particularly where rent arrears, property damage or anti-social behaviour are involved.
A functioning justice system underpins the whole private rented sector. If landlords cannot regain possession when they have a legitimate reason to do so, confidence in the sector falls. That risk is especially acute at a time when demand for rented homes remains high, and supply is under pressure.
Enforcement delays add further pressure
Research from the High Court Enforcement Officers Association, supported by Propertymark, shows that landlords using the County Court route face an average wait of around six months after a possession order, rising to more than eight months in London. At the point of eviction, average unpaid rent stood at £12,708 across England and Wales, and £19,223 in London.
We have backed practical measures to reduce delays, including clearer and more consistent access to High Court Enforcement Officers where appropriate. This would not remove safeguards for tenants, but it would help ensure that lawful possession orders can be enforced within a reasonable timeframe.
