Rent arrears while challenging a rent increase: your rights and how to stay safe

One of the biggest reasons tenants don't challenge a rent increase is fear of arrears. Can the landlord evict you if you push back? What do you pay while you're waiting? What happens if the tribunal backs the landlord six months from now?

This guide answers those questions for England, with a clear plan that keeps you out of arrears regardless of how the challenge ends. It also covers the key change from 1 May 2026 under the Renters' Rights Act 2025, which tilts the risk sharply in tenants' favour.

The single rule that avoids every arrears problem

Until the tribunal decides otherwise, the lawful rent is your current rent. That is the rent you must keep paying, on time, throughout the challenge. If you keep paying the current rent, you cannot be in arrears for contesting a rent increase.

If you stop paying — even partly — you create a separate problem. The landlord can then seek possession on arrears grounds, regardless of whether the rent increase itself turns out to be unfair or invalid.

What happens to the proposed rent while you challenge?

Two different rules apply depending on when the new rent was due to start:

Pre-1 May 2026 (current law)

If the tribunal eventually rules the new rent is fair, the rent is usually backdated to the date on the Section 13 notice. That can create a lump-sum catch-up bill covering every week between the notice date and the tribunal decision. With average tribunal waits of 20-24 weeks, that can be a material sum.

You don't owe it yet during the challenge — but you will if the tribunal sides with the landlord. That's why the save-the-difference mechanic below matters.

From 1 May 2026 (Renters' Rights Act 2025)

From the Act's effective date, any increase decided by the tribunal starts from the date of the tribunal's decision, not the Section 13 notice date. There is no backdating. The backlog risk disappears.

This is the single most important tenant-side change in the 2025 Act. It removes the "challenge and accidentally owe thousands in back rent" trap that has kept many tenants from contesting increases. If your notice is served on or after 1 May 2026, you can challenge without any exposure to backdated arrears.

The save-the-difference method

If your Section 13 notice landed before 1 May 2026 and you're challenging it, open a separate savings account and move the gap between the old and proposed rent into it every pay cycle.

Example:

	Current rent	Proposed rent	Gap
Per month	£1,200	£1,400	£200
Across 24 weeks	£6,924	£8,078	£1,154

You keep paying £1,200 to the landlord (the lawful rent). You move £200 into your savings account each month. At the point of the tribunal decision:

• If the tribunal sets the rent at £1,400, you have the back-rent already saved. You transfer it, and nothing is late.
• If the tribunal sets the rent at £1,300, you transfer the backdated gap to the landlord (£100/mo x months elapsed) and keep the rest.
• If the tribunal sets the rent lower than proposed (or keeps it at £1,200), the savings stay with you.

This puts you in the best possible position regardless of outcome. You keep your payment record clean, and you can't be surprised by a lump sum.

Eviction protection

There are two protections to be aware of — and one trap.

Existing protection

Under current law you cannot be lawfully evicted simply for challenging a rent increase. The Section 13 / tribunal route is a right, not a breach.

From 1 May 2026

The Renters' Rights Act 2025 makes that protection explicit: landlords cannot evict a tenant for challenging a rent increase. Combined with the abolition of Section 21 "no-fault" evictions, the 2025 regime removes the retaliatory-notice worry that historically deterred challenges.

The trap: real arrears

None of this protects you if you stop paying your current rent and fall into actual arrears. Section 8 Ground 8 (mandatory possession for two or more months of arrears) and Ground 11 (persistent delay in paying rent) both remain live. A tenant who challenges a rent increase and stops paying gives the landlord an eviction route that the tribunal challenge can't save you from.

Keep paying the current rent. Every month. On time.

What if I can't afford the current rent now?

This is the hardest case. If you were already struggling before the notice landed, the challenge doesn't create the problem — but it also won't fix it. Some steps that help:

• Talk to the landlord in writing first. A short, honest email asking for breathing space (a payment plan, a short deferral, or a temporary reduction) protects your record. Many landlords will take a small reduction or a week's grace over an empty property and tribunal.
• Check housing benefit / Universal Credit. If your circumstances have changed, the housing element may have moved. LHA rates are uprated annually in April.
• Get free advice. Citizens Advice, Shelter and your local authority housing options team can check whether you qualify for a Discretionary Housing Payment or other support.
• Avoid credit card or BNPL rent. Short-term borrowing to pay rent buys a month and then makes the next month worse. Talk to the landlord before the missed-payment date, not after.

If arrears are already a live issue, don't let the rent increase notice distract you. Deal with the existing arrears first; the Section 13 challenge is a separate track that you can still pursue, but only if your base tenancy is stable.

Putting it together: a 7-step plan

1. Run the RentSOS check. Start here to confirm the notice is valid and whether grounds exist.
2. Keep paying the current rent from now until the challenge is resolved.
3. Decide whether to negotiate first (see our negotiation guide) or go straight to tribunal.
4. Open a separate savings account. Move the gap each pay cycle if your notice is dated before 1 May 2026.
5. Document everything. Keep emails, the Section 13 notice, and any written agreements.
6. File the tribunal application before the date on the notice. Form Rents1, free, online.
7. Plan the cash-out. At the tribunal's decision, transfer the backdated gap (if any) and keep the rest.

If your notice is dated on or after 1 May 2026, skip step 4 — there is no backdating risk to cover.

What arrears mean — a quick glossary

• Arrears. Any unpaid rent that is past its due date.
• Backdating. Pre-1-May-2026 tribunals can make an increase effective from the date on the Section 13 notice — creating arrears on the difference. From 1 May 2026 this is abolished.
• Section 8 notice. The landlord's formal route to seek possession on a named ground (arrears, anti-social behaviour, etc.). Separate from a rent increase notice (Section 13).
• Ground 8. Mandatory eviction on two months' arrears. Becomes discretionary under the Renters' Rights Act 2025 in defined hardship cases.
• Arrears protection under RRA 2025. If you are challenging a rent increase, arrears solely caused by the increase you are contesting do not count while the challenge is live.

A worked example

Sophie is a tenant in Manchester. Her landlord serves a Section 13 notice on 15 March 2026 proposing a rent rise from £1,050 to £1,250 per month from 1 May 2026.

She runs the RentSOS check, finds procedural grounds (short notice period), and decides to challenge.

• She keeps paying £1,050 to the landlord.
• She opens a savings account and moves £200 in on the 1st of each month.
• She files with the tribunal on 28 April (three days before the notice date).
• The tribunal schedules the hearing for 15 October — 22 weeks later.
• Her savings account balance on the decision date: £1,080 (£200 x 5.4 months).
• The tribunal rules the fair rent is £1,150 — a £100/mo rise.

Backdating for 5.4 months at £100 = £540 owed to the landlord. Sophie transfers £540. The remaining £540 stays with her. She has not been in arrears for a single day, and she has saved £540 of the £1,080 the landlord originally tried to extract.

If her notice were served on or after 1 May 2026, the new £1,150 rent would only apply from October — no backdating, no transfer.

The bottom line

Challenging a rent increase doesn't put you at risk of eviction — stopping your rent does. The save-the-difference method gives you full protection against backdated arrears while your challenge is live, and from 1 May 2026 the risk of backdating disappears entirely. That single change makes April and May 2026 the most tenant-favourable window to challenge a rent increase in a decade.

If your notice has landed, start with the free RentSOS check. You'll know in two minutes whether it's valid and whether the proposed rent fits your local market.

Frequently asked questions

Can I stop paying rent while I challenge a rent increase? No. The current rent is the lawful rent until the tribunal decides otherwise. Stop paying and you create arrears, which is a separate issue the tribunal cannot fix.

Does the Renters' Rights Act 2025 stop backdating? Yes. From 1 May 2026, a tribunal-decided rent starts from the date of the decision, not the date on the Section 13 notice. There is no backdated rent for notices served on or after that date.

Will challenging damage my credit? Challenging a rent increase does not affect your credit. Missing rent payments can, especially if the landlord uses a letting agency that reports to credit reference agencies or pursues a County Court Judgment for unpaid rent.

What if the tribunal decides the rent should be higher? From 1 May 2026 the tribunal cannot set a rent higher than the landlord proposed. Until that date it can. If you are challenging under the pre-1-May regime, factor that risk into your comparables work before applying.

How long does a tribunal case take? Typical wait is 20-24 weeks from application to decision, though it varies by region. The save-the-difference method is sized for that window.

Key takeaways

• Keep paying your current rent throughout the challenge. Arrears are the only scenario that threatens your tenancy.
• Move the proposed-vs-current gap into a savings account each month if your notice is dated before 1 May 2026.
• From 1 May 2026 the tribunal cannot backdate an increase — the arrears risk disappears entirely.
• Challenging a rent increase is not a ground for eviction; from 1 May 2026 that protection is explicit in statute.
• Pre-1-May tribunals can still set a rent higher than proposed. Post-1-May they cannot. Plan your timing accordingly.

Check your rent increase notice with RentSOS to see if it's valid and whether the proposed rent sits above your local market.