Paper determination without a hearing (and bringing a McKenzie friend): the rent tribunal tenant walkthrough 2026
A rent challenge at the First-tier Tribunal does not always need you to attend a hearing. You can often elect a determination on the papers, where the tribunal decides on the documents alone. It is quicker and less stressful, but it puts all the weight on your written evidence. This walkthrough explains how to decide between a paper determination and an oral hearing, how to elect one, and, if you do attend, how a McKenzie friend can support you. It includes template wording for both choices.
Not every rent challenge needs you to stand up in front of a panel. The First-tier Tribunal (Property Chamber) can decide a rent-determination case in one of two ways: at an oral hearing that you attend, or on the papers, where it reaches a decision on the written evidence alone without anyone attending. Both are normal. Choosing well between them is one of the quietly important decisions in a rent challenge, and many tenants make it without realising they had a choice at all.
This walkthrough explains how to decide between a paper determination and an oral hearing, how to elect the paper route properly, and, if you do attend, how a McKenzie friend can support you on the day. It includes template wording for both choices. It pairs with our guide to the tribunal's directions order, which is usually where the choice first comes up, and our hearing-day guide, which covers what happens if you attend.
The two routes, plainly
An oral hearing is what most people picture: a date, a venue or video link, and a panel that hears from both sides. You can explain your evidence, answer questions, and respond to anything the landlord says.
A determination on the papers has no attendance at all. The tribunal reads the written evidence both sides have filed and decides. It is faster, it costs you no travel or time off work, and it removes the nerves of speaking in public. But it gives you no chance to add anything or respond on the day, so your bundle has to be complete and self-explanatory before you choose it.
The legal test is the same either way: what rent the property would reasonably command on the open market, taking its condition into account. The route only changes how your evidence reaches the tribunal, not the standard it is judged against.
How to decide
Ask yourself three honest questions:
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Is my written evidence strong and self-explanatory? If your comparable rents are clear, well-sourced and labelled, and the property's condition is shown in dated photographs, paper may carry your case comfortably.
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Are the facts genuinely disputed? If the landlord disagrees about condition, about which comparables are fair, or about whether the notice was even valid, you will probably want to be there to answer those points.
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Will I want to respond to the landlord on the day? If you expect them to raise arguments you would like to meet head-on, a hearing gives you that chance; paper does not.
If your case is clean and your evidence speaks for itself, paper is often the sensible, low-stress choice. If there is a real argument in the case, a hearing keeps your options open. When genuinely unsure, lean towards attending.
How to elect a paper determination
You normally indicate your preference when you reply to the directions order, or you can write to the tribunal separately. The key is to make sure your bundle is finished first, because once the case is decided on paper you will not get to add to it.
To the First-tier Tribunal (Property Chamber) Case reference: [number] Property: [address]
I am the tenant in the above rent-determination case. I confirm that I am content for the case to be determined on the papers, without an oral hearing.
I have filed all the evidence I wish to rely on, namely [brief list, e.g. my comparable-rent schedule, photographs of the property, and a copy of the Form 4A notice], and I have exchanged it with the landlord as directed. I do not require a hearing.
If the tribunal considers a hearing necessary, I would of course attend.
[Your name and date]
That last line matters: it tells the tribunal you are co-operative and will turn up if it decides a hearing is needed after all.
If you attend: bringing a McKenzie friend
If you choose, or are asked, to attend a hearing, you do not have to face it alone, and you do not need a lawyer. You can bring a McKenzie friend: someone who sits with you to provide quiet support. A McKenzie friend can take notes, help you keep your papers in order, and give you quiet advice during the hearing. They are not your legal representative and do not normally address the tribunal for you, although the tribunal has a discretion to allow a friend to speak in some situations.
Your McKenzie friend can be a relative, a friend, or a volunteer. It is good manners, and good practice, to tell the tribunal in advance that you intend to bring one, and to give their name, so there is no surprise on the day.
To the First-tier Tribunal (Property Chamber) Case reference: [number] Property: [address]
I am the tenant in the above case, which is listed for a hearing on [date]. I wish to be accompanied at the hearing by a McKenzie friend, [name], who will provide quiet support and assistance. They will not act as my legal representative. I would be grateful for the tribunal's confirmation that this is acceptable.
[Your name and date]
What happens after a paper determination
If the case is decided on the papers, the tribunal issues its decision in writing once it has considered the evidence, usually within a few weeks. You receive the decision and normally the reasons for it. It sets the rent the tribunal considers appropriate.
Two reforms in force from 1 May 2026 make this far less daunting than it used to be: the tribunal cannot set the rent higher than the landlord proposed, and the new rent takes effect from the date of the decision rather than being backdated. Together they remove the old fear that challenging might leave you worse off. Keep the written decision safe; it is the authority for the rent you now pay.
The takeaway
Paper or hearing is not a question of which is stronger; it is a question of which lets your evidence be seen at its best. A clean, complete, well-indexed case can be decided fairly on paper. A case with real arguments in it deserves to be heard in person, and if it is, a McKenzie friend can make the day far less lonely. Either way, the post-May-2026 rules mean a challenge is now a low-risk thing to bring.
If RentSOS found grounds to challenge your increase, your pack is built to be filed as a self-contained written bundle, which is exactly what a paper determination needs, and exactly what you would hand up at a hearing too.
Frequently Asked Questions
+Can my rent challenge be decided without a hearing?
Often, yes. The First-tier Tribunal (Property Chamber) can decide a rent-determination case on the papers, meaning it reaches a decision on the written evidence both sides have filed without anyone attending a hearing. This is sometimes called a determination on the papers or a paper determination. You usually indicate your preference when you respond to the tribunal's directions. The tribunal can still decide a hearing is needed even if both sides are content with paper, but where the evidence is clear and the issues are narrow, a paper determination is common, quicker and less stressful than attending in person.
+Is a paper determination better than a hearing for tenants?
It depends on your case. A paper determination is faster, costs you no travel or time off, and avoids the nerves of speaking in front of a panel. The trade-off is that you cannot answer questions or respond to the landlord on the day, so your written evidence has to stand entirely on its own. If your comparable-rent evidence is strong, clearly labelled and self-explanatory, paper is often the sensible choice. If the facts are genuinely disputed, your evidence needs explaining, or you expect the landlord to raise points you would want to answer, an oral hearing usually serves you better.
+How do I ask for a determination on the papers?
You normally state your preference in writing when you reply to the directions order, or you can write to the tribunal separately. Say clearly that you are content for the case to be determined on the papers without a hearing, and confirm that you have filed all the evidence you wish to rely on. Make sure your written bundle is complete before you do this, because once the case is decided on paper you will not get a chance to add to it. If you change your mind before the decision, tell the tribunal promptly and explain why you now think a hearing is needed.
+What is a McKenzie friend and can I bring one?
A McKenzie friend is someone who attends a hearing with you to provide quiet support: they can sit with you, take notes, help you stay organised, and give you quiet advice. They are not your legal representative and do not usually address the tribunal on your behalf, though the tribunal has a discretion to allow a friend to speak in some circumstances. You do not need to be a lawyer to have one, and they can be a relative, friend, or volunteer. It is courteous to tell the tribunal in advance that you intend to bring a McKenzie friend, and to give their name, so there is no surprise on the day.
+Does choosing paper or a hearing change my chances of winning?
Neither route is inherently stronger; what matters is matching the route to your evidence. A paper determination rewards a clear, complete, well-indexed written case. A hearing rewards the ability to explain and defend that case in person. The tribunal applies the same legal test either way: what rent the property would reasonably command on the open market, taking account of its condition. Choose the route that lets your evidence be seen at its best. If in doubt, and your case has any real argument in it, attending a hearing keeps your options open.
+If the case is decided on the papers, when do I find out the result?
The tribunal issues its decision in writing after it has considered the evidence, usually within a few weeks, though timescales vary. You receive the decision and, normally, the reasons for it. The decision sets the rent the tribunal considers appropriate. Under the reforms in force from 1 May 2026, the tribunal cannot set the rent higher than the landlord proposed, and the new rent takes effect from the date of the decision rather than being backdated, which removes a long-standing deterrent to challenging. Keep the written decision safe, as it is the authority for the rent you now pay.
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