Rent Increases and Property Disrepair: Your Rights Explained

Receiving a rent increase when your property has damp on the walls, a broken boiler, or windows that do not close properly feels deeply unfair. You might wonder: can a landlord really ask for more money when they are not maintaining the property to a decent standard?

The short answer is that property condition is directly relevant to what counts as a fair rent. This guide explains how disrepair affects your Section 13 rent increase, what the First-tier Tribunal considers, and how the Renters' Rights Act 2025 strengthens your position from 1 May 2026.

Can a Landlord Increase Rent When the Property Needs Repairs?

Legally, yes. A landlord can serve a Section 13 rent increase notice regardless of the property's condition. There is no rule that says a landlord must complete repairs before proposing a rent increase.

However, the condition of the property is a key factor in determining whether the proposed rent is fair. The First-tier Tribunal, which decides disputes about rent increases, explicitly considers the state of the property when setting a market rent. A property in poor condition should attract a lower rent than an equivalent property in good condition.

This means that while your landlord can serve the notice, you have strong grounds to challenge the increase if the property has outstanding disrepair issues.

How Disrepair Affects the "Market Rent"

When the First-tier Tribunal assesses a fair rent, it looks at what a hypothetical willing tenant would pay for the property on the open market. That assessment takes into account the property's actual condition -- not what it would be worth if it were in perfect repair.

Common disrepair issues that can reduce the market rent include:

• Damp and mould -- a persistent problem in many English rental properties, affecting both health and the usability of rooms
• Broken or inefficient heating -- boiler problems, radiators that do not work, or poor insulation
• Window and door defects -- draughty frames, broken locks, single glazing that should have been replaced
• Structural issues -- cracks, subsidence, or roof leaks
• Plumbing problems -- leaks, low water pressure, or drainage issues
• Poor energy efficiency -- high energy costs caused by the landlord's failure to insulate or upgrade

The worse the condition, the greater the discount from the market rent for a comparable property in good repair. You do not need to calculate the exact discount yourself -- that is the tribunal's job -- but you should document every issue thoroughly.

Building Your Case: Evidence of Disrepair

If you plan to challenge a rent increase on the basis of disrepair, evidence is everything. The tribunal wants to see clear documentation of the problems and proof that you reported them to your landlord.

What to gather:

1. Photographs and videos. Date-stamped images of every disrepair issue. Take wide shots showing the room and close-ups showing the specific problem.
2. Written reports to the landlord. Copies of emails, letters, or messages where you reported the problems. Include dates and any responses (or lack of response) from the landlord.
3. Environmental health reports. If your local council has inspected the property, get a copy of their report. Council inspections under the Housing Health and Safety Rating System (HHSRS) carry significant weight.
4. EPC rating. A poor Energy Performance Certificate rating (E, F, or G) supports arguments about energy efficiency and insulation.
5. Medical evidence. If the disrepair has affected your health (for example, respiratory problems from damp), a letter from your GP can be powerful supporting evidence.
6. Comparable rents. Find similar properties in good condition advertised nearby. The difference between their rent and what would be fair for your property in its current state is the core of your argument.

The Repair-Before-Increase Principle

While there is no law requiring repairs before an increase, there is a strong practical and ethical principle at work. The tribunal's assessment reflects the property as it is, not as it should be. A landlord who has neglected repairs is, in effect, reducing the market value of their own property.

This creates an interesting dynamic: a landlord who wants to achieve the highest possible rent has a financial incentive to maintain the property well. Disrepair undermines their own case at the tribunal.

Some tenants worry that challenging a rent increase on disrepair grounds will antagonise their landlord. While this is understandable, remember that:

• You are exercising a legal right
• The tribunal process is free to apply
• From 1 May 2026, Section 21 no-fault evictions are abolished, so your landlord cannot retaliate by evicting you
• The tribunal's decision is based on evidence, not relationships

The Renters' Rights Act 2025: Stronger Protections

The Renters' Rights Act, taking effect on 1 May 2026, introduces several changes that strengthen the connection between property condition and rent:

• Decent Homes Standard extended to the private sector. For the first time, private rented homes will need to meet a minimum physical standard. Properties with serious disrepair may not meet this standard, giving tenants additional leverage.
• Awaab's Law applied to private rentals. Named after Awaab Ishak, who died from mould exposure in social housing, this requires landlords to investigate hazards within 14 days and begin repairs within a further 7 days for emergency issues. Failure to comply is enforceable.
• No retaliatory evictions. With Section 21 abolished, landlords cannot retaliate against tenants who challenge rent increases or report disrepair. Possession can only be sought through Section 8 on specific statutory grounds.
• Tribunal cannot exceed proposed rent. If you challenge a rent increase, the tribunal can only reduce the rent or leave it at the proposed amount. They cannot set it higher. This removes the risk of challenging.
• Rent increases limited to once per year via Section 13 only. No contractual increases. This gives tenants a clear annual window to raise disrepair as part of their response.

What to Do Step by Step

1. Document the disrepair. Photograph everything. Keep a log of when problems started and when you reported them.
2. Report to your landlord in writing. If you have not already, put every repair issue in writing (email is fine). Keep copies of everything.
3. Contact your local council. Ask the environmental health team to inspect the property. Their report is powerful evidence at a tribunal.
4. Check comparable rents. Look at similar properties in good condition on Rightmove, Zoopla, or OpenRent. Note the difference in condition.
5. Respond to the Section 13 notice. Do not ignore it. If you do nothing, the increase takes effect on the proposed date.
6. Apply to the First-tier Tribunal. The application is free. You must apply before the proposed rent increase date. Explain that the property's condition means the proposed rent is above the market rate.
7. Continue paying your current rent. Keep paying the existing rent amount until the tribunal makes a decision or the increase date arrives.