Tribunal Rent Increase Evidence: What Skylark Point Means for Landlords

The Skylark Point Standard

The First-tier Tribunal's Skylark Point decision established a clear hierarchy for the evidence landlords should present when defending a Section 13 rent increase. The tribunal upheld the landlord's proposed monthly rent over the tenant's lower counter-figure, and the reasoning centred on one distinction: the landlord submitted evidence of agreed transaction rents for comparable local properties, while the tenant relied on advertised asking prices.

This decision did not create new law — the tribunal always had discretion to weigh evidence — but it crystallised what had been an inconsistent practice. Since Skylark Point, the evidentiary expectation for Section 13 determinations is that agreed rents carry significantly more weight than listing prices.

Agreed Rents vs. Asking Prices

An agreed rent is the figure a tenant is actually paying under an executed tenancy agreement. It reflects a real-world negotiation between a willing landlord and a willing tenant — exactly the market the tribunal is trying to measure.

An asking price is what a landlord or agent hopes to achieve. It may be aspirational, strategic (priced high to leave negotiation room), or stale (the listing has been live for months without interest). Asking prices tell you what landlords want; agreed rents tell you what the market delivers.

The practical gap between the two can be significant. In competitive areas, properties may let at or above the asking price. In softer markets, the agreed figure can be 5–10% below the listing. The tribunal looks for evidence that removes that ambiguity.

What to Include in Your Evidence Pack

If a tenant refers your Section 13 increase to the tribunal, the panel will issue directions asking both parties to submit evidence by a set deadline. The landlord's submission should include:

Comparable agreed lettings. Identify three to five properties within approximately half a mile that:

• Match your property's type (flat, terraced house, semi-detached)
• Have a similar number of bedrooms and comparable floor area
• Were let within the last 6 to 12 months
• Are in a similar condition (recently refurbished, original fittings, etc.)

For each comparable, record the address, property type, number of bedrooms, condition notes, the agreed rent, and the tenancy start date. Agent confirmation letters or tenancy agreement extracts strengthen the evidence.

Agent valuations. A written opinion from a local letting agent — ideally one who did not let your property — stating what the property would achieve on the open market. The agent should reference specific recent lettings that support the figure.

Photographs and condition evidence. If you have invested in the property (new kitchen, boiler upgrade, energy efficiency improvements), include before/after photographs. The tribunal values the property in its current condition, so evidence of improvements supports a higher market figure.

LHA rates for context, not as a cap. Local Housing Allowance rates published by the Valuation Office Agency show the benefit reimbursement ceiling for the area. They are not a rent cap — you can lawfully propose a rent above the LHA rate — but the tribunal may note a significant disconnect between your proposed figure and the LHA benchmark if no agreed-rent evidence explains the gap.

What Not to Submit

Portal screenshots of available listings. A Rightmove search showing properties listed at £1,500/month proves nothing about what tenants are actually paying. The tribunal will give this minimal weight.

Properties that are not comparable. A four-bedroom detached house is not a comparable for a two-bedroom flat, even if they are on the same street. Stretched comparables undermine the rest of your evidence.

Yield calculations. The tribunal determines market rent, not your required return on investment. What you need to charge to cover your mortgage, maintenance costs, and target yield is irrelevant to the statutory test.

The Tribunal Cannot Increase Beyond Your Proposal

One structural protection for landlords: the tribunal cannot set the rent higher than the figure you proposed on Form 4A. If you proposed £1,200 and the tribunal determines market rent is £1,350, it sets the rent at £1,200.

This means there is no risk of a tenant challenge resulting in a higher rent than you asked for. But it also means that underestimating market rent on Form 4A costs you money — the tribunal will not correct the figure upward. Set the right figure from the start.

No Backdating

The determined rent takes effect from the date of the tribunal's decision, not from the effective date written on your Form 4A. If the tribunal takes two months to decide, you continue receiving the old rent for those two months. That income gap is not recoverable.

This is why evidence preparation matters before you serve the notice. If a challenge arrives and you spend weeks assembling comparables, the delay extends the period during which you receive the old rent.

Build Your Evidence Before Serving

Our Section 13 rent increase guide includes a market evidence collection grid structured around the Skylark Point standard — a ready-made format for logging comparable properties, agreed rents, and condition notes that you can file directly as tribunal evidence if needed.

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