L

Lord Carter of Haslemere (CB)

Speaking in the House of Lords on 1 July 2025

Debate

Renters’ Rights Bill

Contribution

Not at all. It is not just obviously fair that the tribunal should be required to backdate the rent; it would also remove the incentive for tenants to challenge every rent increase, come what may. Landlords who increase rent to market value should not be penalised by being unable to backdate that rent to the date of increase where there is an unsuccessful challenge. Otherwise, it makes a mockery of the tribunal process, which is there to determine the legal right of the landlord to increase the rent to the amount proposed. If that right is upheld by the tribunal, like other legal rights that are litigated successfully in our civil courts, it should be upheld from when it arose, with a remedy backdated accordingly. That is how our civil justice system works. For example, if I successfully make a claim against a defendant for negligence, nuisance or breach of contract, damages will generally be assessed from the date the claim arose. That is how justice is meant to work. It should be no different here. The correct market rent, upheld by the tribunal, should be backdated to the date of the original increase.

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