Asking the tribunal to set aside or correct its own rent decision: the tenant walkthrough 2026
Before you reach for an appeal, there is often a quicker, cheaper route. If your rent tribunal decision contains an obvious slip, or if something went wrong in the process, such as you not receiving the hearing notice, the First-tier Tribunal can correct or set aside its own decision. These powers are limited and have tight deadlines, but in the right case they fix the problem in days rather than months. This walkthrough explains when each power applies, how to ask, and what to write, with template wording you can adapt.
When a rent tribunal decision lands and something about it is plainly wrong, an appeal is not always the answer, and it is rarely the quickest one. Before you commit to the more technical appeal route, it is worth checking whether the problem can be fixed by the tribunal itself, far faster and usually at no cost. The First-tier Tribunal (Property Chamber) has its own housekeeping powers to correct accidental slips and to set aside decisions where the process went wrong.
This walkthrough explains those two powers, when each one applies, the deadlines, and exactly what to write. It covers England only and assumes the decision came from the First-tier Tribunal after a Section 13 rent challenge.
Three remedies, three different problems
It helps to keep the three routes clearly separated in your head, because using the wrong one wastes time:
- Correction (the slip rule) fixes accidental errors and obvious mistakes in the written decision, such as a wrong figure, a transposed address, or an arithmetic slip. The tribunal decided one thing; the document accidentally says another.
- Set aside deals with something going wrong in the process, most commonly where you never received the notice of hearing or a key document, so the decision was made without you having a fair chance to take part.
- Appeal is for an error of law, where the tribunal applied the wrong legal test or gave no adequate reasons.
The practical order to think in is: is this an obvious typo, did the process go wrong, or did the tribunal get the law wrong? Correction and set aside are usually faster and cheaper, so check them first.
The slip rule: correcting an obvious mistake
The slip rule lets the tribunal correct accidental errors and omissions in a decision. It is for the kind of mistake everyone can see was a mistake: a wrong monetary figure, a date or address typed incorrectly, an obvious arithmetic error in a rent calculation, or a missing word that changes the meaning.
What it is not for is changing the substance. You cannot use the slip rule to argue the rent should have come out lower because you disagree with the reasoning. The test is essentially whether the written decision accurately records what the tribunal actually decided. If it does not, because of an accidental slip, the tribunal can put it right, usually quickly and often without a hearing.
Because corrections deal with plain errors, the tribunal can generally make them at any time, but flag the slip as soon as you spot it. Quote the paragraph, state what it says, and state what it should say.
Set aside: when the process went wrong
Set aside is the remedy when the procedure was unfair through no fault of your own. The classic example is that you did not receive the notice of hearing, so the decision was made in your absence without you ever having had the chance to put your case. Other procedural irregularities can qualify too, where some document never reached you or you were prevented from taking part properly.
Two things to be clear about:
- It is not a way to re-run a case you lost on the merits. Being unhappy with how the tribunal weighed the evidence is not a set-aside point.
- You usually have to show it is in the interests of justice to set the decision aside, and that you have a realistic case worth re-hearing. A set aside is pointless if the outcome would obviously be the same.
Set-aside applications are time-limited, and the usual window is short, typically around 28 days from the date the decision was sent. Move quickly. If you are close to the deadline, send a brief written request straight away to protect it, and offer to provide fuller details if needed.
Protect your appeal deadline at the same time
This is where people get caught out. Asking the tribunal to correct or set aside a decision can affect when your appeal clock runs, but the rules are technical and you should not assume you automatically gain extra time to appeal. The safe approach is to treat the 28-day appeal deadline as still running and protect both routes: if you are within or near that window, consider lodging your application for permission to appeal as well, or at least say in writing that you intend to appeal if the correction or set-aside is refused.
Do not let a set-aside request quietly run down your appeal deadline. If in doubt on sequencing, get a quick piece of advice, because the order you do things in can matter.
Template: request to correct or set aside
Use whichever block fits. Keep it factual and prompt.
To: First-tier Tribunal (Property Chamber) Case reference: [case number] Property: [address] Applicant (tenant): [your name]
Option A - request to correct under the slip rule
I ask the tribunal to correct an accidental error in its decision of [date]. At paragraph [x] the decision states "[quote the wording]". This appears to be an accidental slip: it should read "[corrected wording]", consistent with [the evidence / the figure used elsewhere in the decision]. I ask that the decision be corrected accordingly.
Option B - application to set aside
I apply to set aside the tribunal's decision of [date], which was made [in my absence / without my evidence]. This is because [I did not receive the notice of hearing / the document below never reached me], as a result of which I had no fair opportunity to take part. [Briefly explain what happened and attach any evidence, e.g. that the notice went to an old address.]
It is in the interests of justice to set the decision aside because I have a realistic case to put, namely [one or two lines on the substance of your challenge], which the tribunal has not heard.
This application is made within [number] days of the decision being sent.
To protect my position, I also wish to make clear that if this application is refused I intend to apply for permission to appeal, and I ask the tribunal to confirm the deadline that applies to me.
Signed: [your name] Date: [date]
How RentSOS fits in
RentSOS helps you check whether a Section 13 rent increase notice is valid and build the evidence to challenge the proposed rent before it is decided. If a decision has already been made and something has clearly gone wrong, correction and set aside are the fast, low-cost first ports of call, and an appeal on a point of law is the fallback if the problem is legal rather than procedural. Whichever route fits, the golden rule is the same: act quickly, put it in writing, and protect your appeal deadline while you do. A short message to the tribunal office or a free service such as Citizens Advice or Shelter can confirm which power applies before you spend time on the wrong one.
Frequently Asked Questions
+What is the difference between correcting, setting aside and appealing a decision?
These are three different remedies for three different problems. Correcting a decision under the slip rule deals with accidental slips and obvious errors, such as a wrong figure typed in, a transposed address, or an arithmetic mistake, where everyone can see what the tribunal meant and it just came out wrong on paper. Setting aside deals with something going wrong in the process rather than the substance, for example you never received the notice of hearing, or a document never reached you, so the decision was made without you having a fair chance to take part. Appealing is for an error of law, where the tribunal applied the wrong legal test or failed to give adequate reasons. The practical order to think about them in is: is this an obvious typo (correct it), did the process go wrong (set it aside), or did the tribunal get the law wrong (appeal). Correcting and setting aside are usually faster and cheaper, so they are worth checking first.
+How quickly do I have to ask for a decision to be set aside?
Set-aside applications are time-limited, and the usual window is short, typically around 28 days from the date the decision was sent to you, so you should move quickly once you realise something went wrong. The slip rule for correcting accidental errors is more flexible because the tribunal can usually correct an obvious mistake at any time, but it is still sensible to flag it as soon as you spot it. Whichever route applies, do not sit on it. If you are close to a deadline, send your request in writing straight away, even in brief form, and say you will provide fuller details if needed. A prompt request that protects the deadline is worth far more than a polished one that arrives too late.
+Can I ask for a decision to be set aside just because I lost?
No. Set aside is not a way to get a second hearing because you are unhappy with the result. It exists to fix situations where the procedure was unfair through no fault of your own, in particular where you did not receive a document such as the notice of hearing, or where some other procedural irregularity meant you could not properly take part. You generally also have to show it is in the interests of justice to set the decision aside and that you have a realistic case worth re-hearing. If you simply disagree with how the tribunal weighed the evidence, that is not a set-aside point, and depending on the issue it may instead be a matter for an appeal on a point of law, or it may be nothing the system can revisit at all.
+Does asking to set aside or correct the decision affect my time limit for appealing?
It can, and this is where people get caught out. The deadline to apply for permission to appeal generally runs from when the tribunal deals with any application to correct, set aside or review the decision, but the rules are technical and you should not assume you have extra time. The safest approach is to treat the appeal clock as still running and protect both routes: if you are within or near the 28-day appeal window, consider lodging the application for permission to appeal as well, or at least making clear in writing that you intend to appeal if the correction or set-aside is refused. Do not let a set-aside request quietly run down your appeal deadline. If in doubt, get a quick piece of advice on sequencing, because the order you do things in can matter.
+What is the slip rule and what kind of mistakes does it cover?
The slip rule lets a tribunal correct accidental errors and omissions in a decision, the sort of thing that is plainly a mistake rather than a considered conclusion. Typical examples are a wrong monetary figure, a date or address typed incorrectly, an obvious arithmetic error in a calculation, or a missing word that changes the meaning. What it does not cover is the tribunal changing its mind about the substance: you cannot use the slip rule to argue the rent should be lower because you disagree with the reasoning. The test is essentially whether the written decision accurately records what the tribunal actually decided. If it does not, because of an accidental slip, the tribunal can put it right, usually quickly and without a hearing.
+Will I have to pay anything to ask for a correction or set aside?
These are generally low-cost or no-cost steps because they are part of the tribunal putting its own house in order rather than a fresh application, and as with the rest of the property tribunal system each side normally bears its own costs. There is usually no separate fee to ask the tribunal to correct an obvious slip, and a set-aside request is part of the existing case rather than a new claim. The bigger cost is time and the risk of missing a deadline, which is why getting the request in promptly matters more than anything. If you are worried about any fee or about how a request interacts with your appeal options, a short call to the tribunal office or a free advice service such as Citizens Advice can clear it up before you act.
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