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Spot the (Renters’ Rights Act) Differences – Changes to the FTT Procedure Rules

From today, 1 May 2026, the Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026 will make changes to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.

The First-tier Tribunal (Property Chamber) (FTT) obtains its ‘jurisdiction’, i.e., the power to make legal decisions and judgements, from the Acts of Parliament that set its extent. Changes made to rules 1 and 13(1ZA)(b) ensure the procedure rules reflect this expanded jurisdiction under parts of the Renters’ Rights Act 2025 (RRA). 

This relates to appeals against new financial penalties that can be imposed by local authorities against landlords (as an alternative to criminal liability) under:

  • Section 1A of the Protection from Eviction Act 1977 – regarding the prohibition on unlawful eviction and harassment under the Protection from Eviction Act 1977; and
  • Sections 16I to16L of the Housing Act 1988 – regarding certain obligations relating to assured tenancies. 

You can read this informative blog from my colleague, Lorna Kenyon-Pain for more details about the changes to housing enforcement.

A significant aspect of the wider changes under the RRA will be the ability for all assured tenants to apply to the FTT for a rent determination under section 14 of the Housing Act 1988 (as amended by the RRA) – either within the first 6 months of the tenancy or on receipt of a rent review notice – for a fee of £47 (see the new guidance here). The rent can be set no higher than the rent initially set at the tenancy start date or proposed in the rent review notice, but the FTT can determine a lower market rent if applicable. 

At this stage, the changes under the RRA coming into force from 1 May 2026 largely affect private landlords (including many charities and faith groups), rather than registered providers of social housing (RPs), although note that lettings by RPs of homes at market rent are caught. RPs will need to ensure the changes are reflected across their other rental stock from October 2027 according to the latest announcement, but should start to prepare now. 

See this blog from my colleague, Helen Tucker, about the changes to possession procedures on this ‘Renters’ Rights Act day’. You can also visit our Renters’ Rights Act Hub for more information.

Whether you’re a charity/faith-based landlord or other housing provider, or an RP, do get in touch with me if you would like to discuss our assistance with policy or tenure advice, or cases in the FTT.

The Renters’ Rights Act 2025 reforms deliver a simpler, more secure assured tenancy structure and strengthen tenants’ rights. Policy paper: Implementing the Renters’ Rights Act: Social Housing

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Tags

renters rights, tribunal, housing