Can I ask the tribunal to delay my rent increase? The undue hardship rule

When tenants think about challenging a rent increase, they think about the number. Is the proposed rent too high? Can I get the tribunal to bring it down? That is the right instinct, and it is most of the battle. But there is a second lever that came in with the new rules, and it is one almost nobody mentions: the tribunal can change the timing as well as the figure.

Since 1 May 2026, the First-tier Tribunal has been able to delay the start of a rent increase it determines by up to two further months, where starting it straight away would cause the tenant undue hardship. For a household on a knife edge, those two months can matter as much as anything in the rent figure itself.

What the power actually is

Here is the position for a rent increase challenged under the post-1-May-2026 rules.

When the tribunal decides your case, the new rent does not get backdated. It takes effect from the tribunal's decision, not from the date the landlord originally wanted. That alone is a real protection.

On top of that, the tribunal can go one step further. If paying the new rent from the decision date would cause you undue hardship, it can postpone the start of the increase by up to two more months. So instead of the higher rent biting the moment the decision lands, you get a short window before it begins.

It is discretionary. The tribunal does not have to grant it, and it will not do so just because the increase is unwelcome. But where there is genuine hardship and you have asked for it, the power is there to be used.

What undue hardship means

The law deliberately does not pin down a single definition of undue hardship, because circumstances vary so much. What the tribunal is looking for is something beyond the ordinary unwelcome news that rent is going up. It is a level of difficulty that is real and serious for you.

Things that tend to point towards undue hardship include:

• Serious health problems or a disability that affects your finances or your housing needs.
• A real risk of homelessness if the increase has to be paid immediately.
• A sudden drop in income, such as losing your job or having a benefit stopped or reduced.
• Significant caring responsibilities that limit your ability to earn or to move.
• A household budget where the increase cannot be absorbed without losing something essential, such as heating, food, or medical costs.

You do not need to tick every box. The point is to show the tribunal, honestly and specifically, that having the new rent start on the decision date rather than two months later would cause you genuine and serious difficulty.

How this differs from the old rules

If you have read older guidance, you may have seen that the tribunal could already delay an increase. That is true, but the old power was much narrower.

Under the rules before 1 May 2026, the tribunal could avoid backdating an increase, but it could not push the start of the new rent beyond the date of its own decision. So a tenant in obvious hardship still had the higher rent begin the moment the tribunal decided. There was no further breathing space.

The new position is more generous on both counts. The increase cannot be backdated, and the tribunal can also delay its start by up to two months for undue hardship. A tenant under the new rules can therefore end up with both protections at once, which simply was not possible before.

This is one of the quieter tenant-friendly changes in the package of reforms, and it is worth knowing precisely because it is so rarely flagged.

How to ask for the delay

The single most important thing to understand is that the tribunal cannot consider hardship it has not been told about. The delay is not applied automatically. You have to ask.

Build the request into your case rather than tacking it on at the end:

1. In your written submissions, state that if the tribunal determines an increase, you ask it to consider delaying the start date by up to two months on the grounds of undue hardship, and give a short, plain explanation of why.
2. Gather evidence that backs the hardship. The more concrete, the better.
3. Be ready to repeat the request at the hearing, in your own words, and to answer questions about your circumstances.

Helpful evidence usually includes:

• Recent payslips, or proof of lost or reduced income.
• Benefit award letters, or letters showing a benefit has been sanctioned or stopped.
• A simple income and outgoings summary, so the tribunal can see the squeeze for itself.
• Medical or care evidence, where health or caring responsibilities are part of the picture.

You do not need anything elaborate. A clear, honest account with a few supporting documents is far more persuasive than a vague plea, and it gives the tribunal something solid to act on.

A short request you can adapt

You can include something like this in your written submissions, adjusted to your own situation:

"If the Tribunal determines that the rent should increase, I respectfully ask it to exercise its power to delay the start of the new rent by up to two months on the grounds of undue hardship. [Set out your reasons in two or three sentences: for example, a recent loss of income, a health condition, or a risk of being unable to keep the home if the increase begins immediately.] I have attached [list your evidence] in support. The additional time would allow me to [seek financial or benefits advice / adjust my budget / look for suitable alternative accommodation]."

Keep it honest and specific. The detail is what makes it work.

What the delay does and does not do

Be clear with yourself about what you are asking for. The hardship delay changes the timing, not the amount. If the tribunal determines a higher rent, that is the rent you will pay once it takes effect. The two months simply mean it starts later.

So if your real aim is to keep the rent itself down, that is a different part of the challenge. That is where you argue the proposed rent is above the market rate, using comparable evidence for similar properties in your area. The hardship delay sits alongside that argument, not instead of it.

The good news is you do not have to choose. In the same challenge you can argue the figure is too high and ask for a delayed start if an increase is determined. One lever on how much, one on when. Pull both.

The bottom line

The tribunal can do more than change the number on your rent increase. Since 1 May 2026 it can delay the start of a determined increase by up to two months where paying it immediately would cause you undue hardship, on top of the rule that the increase cannot be backdated. It is discretionary, it is not a way to dodge the increase, and you have to ask for it with a reason and some evidence. But for a household under real pressure, those two months are a genuine and often overlooked protection.

If you are not yet sure whether your notice was even valid, that free check is still the first move; a defective notice can stop the increase in its tracks before any of this comes into play.