First-tier Tribunal Adjusts Rent for Furnished Flat Based on Condition
📌 In brief
The First-tier Tribunal decided on a rent of £300 per week for a furnished flat. They considered the condition of the flat and compared it to similar properties in the area.
⚖️ Legal holding
A tenant is entitled to a market rent adjusted for the condition of the furnished property.
📖 What the law says
Under the Housing Act 1988, section 14 allows a tenant under an assured tenancy to apply to a tribunal to challenge the rent payable under the tenancy. The tribunal will determine the rent based on what a willing landlord might expect to receive for letting the property in the open market, considering the condition of the property and the terms of the tenancy.
The Landlord and Tenant Act 1985, section 11 implies a covenant by the landlord to keep in repair the structure and exterior of the dwelling house, including drains, gutters, and external pipes, as well as installations for water, gas, electricity, and sanitation. This covenant also includes keeping in repair and proper working order the installations for space heating and heating water.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined a reduced rent due to the condition of the furnished flat.
📜 Headnote Official document
The Tribunal determined a rent of £300 per week for a furnished flat, taking into account the condition of the property and the comparables provided by the landlord.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AP/MNR/2024/0254
Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)
Housing Act 1988 Section 14
Address of Premises The Tribunal members were Flat 13 [NAME], 456-462 [ADDRESS], [POSTCODE]
Judge Robert Latham [COMPANY] The Hive, [ADDRESS], Wembley, [POSTCODE]
Tenant Miss [APPELLANT]
1. The rent is: £ 300 Per week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1 April 2024
*3. The amount included for services is/is
negligible/not applicable N/A Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 5 August 2013
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs s.11 Landlord & Tenant Act 1985
8. Furniture provided by landlord or superior landlord The flat was let furnished. An inventory of the furniture, furnishings and white goods are annexed to the tenancy. These are now more than 10 years old and have not been renewed.
9. Description of premises Two bedroom flat on the first floor of a purpose built block with no garden. There is a combined kitchen and living room.
Chairman Robert Latham Date of Decision 17 September 2024
1
Case Reference
: LON/00AP/MNR/2024/0254
Property : Flat 13 [NAME], 456-462 [ADDRESS], [POSTCODE]
Tenant
: [APPELLANT]
Landlord : [COMPANY] of Objection : 27 March 2024
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal : Judge Robert Latham Marina Krisko FRICS
Date of Summary Reasons
: 17 September 2024
_______________________________________________
DECISION
The Tribunal determines a rent of £300 per week with effect from 1 April 2024. ____________________________________
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 © CROWN COPYRIGHT 2023
SUMMARY REASONS
Background
1. On 26 February 2024, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £322.19 in place of the existing rent of £299.18 per week to take effect from 1 April 2024
2. On 13 March 2024, under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.
Evidence
4. On 19 July 2024, the Tribunal gave Directions. Neither party has requested an inspection or an oral hearing.
5. In a letter dated 6 August 2024, the Landlord states that the rent has been assessed in accordance with the local housing allowance rates for postcode [POSTCODE]. There are a total of 13 two bedroom flats at [NAME]. They have provided comparables of three local two bedroom flats which have been advertised at £404pw, £392 pw and £392 pw.
6. The Tribunal has also had regard to the Reply Form and materials provided by the Tenant. The flat was newly furnished when she took up the tenancy in 2013. However the furniture is worn and has not been replaced. The Tenant complains about the condition of her common parts and about the disrepair to the fire doors. She has provided a number of photographs.
Determination and Valuation
5. We are assessing a rent for a two bedroom flat on the first floor of a purpose built block with no garden. There is a combined kitchen and living room. We have had regard to the comparable evidence proved by the Landlord and our own expert knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £400 per week.
6. However, the flat was let furnished more than 10 years ago. An inventory of the furniture, furnishings and white goods which were provided at the commencement of the tenancy are annexed to the tenancy. These have not been renewed and are worn and in a tired condition.
7. The comparables are all modern lettings with high quality kitchens and bathrooms, with curtains and carpets which are new or relatively new. We are satisfied that a significant reduction needs to be made to reflect the condition of the subject flat and the block in which it is situated. We make a reduction of 25% (£100) and compute a market rent of £300 per week.
3
Decision
8. The Tribunal determines that the rent at which the subject property might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy in its current condition is £300 per week.
9. The Tribunal directs the new rent of £300 per week shall take effect from 1 April 2024, namely the date as set out in the Landlord’s Notice of Increase.
Judge Robert Latham 17 September 2024
APPEAL PROVISIONS
These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Reduced Due to Mould Issues in Assured Tenancy Case
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tenant Wins Rent Adjustment Due to Property Issues
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Adjusted Market Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent of £1,600 for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent Due to Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Market Rent for Tenancy Agreement
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The flat's furniture, furnishings, and white goods were over 10 years old and worn, requiring a rent reduction.
- The common parts and fire doors of the building were in disrepair, justifying a rent reduction.
- The market rent for a property in good condition was assessed at £400 per week.
- A significant reduction of 25% was applied to the market rent to reflect the property's actual condition.
- The comparable properties used for assessment were modern with high-quality kitchens and bathrooms, unlike the subject flat.
❌ Tends to be rejected
- The landlord's proposed rent of £322.19 per week was not accepted by the Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided on a rent of £300 per week for a furnished flat.
Who was involved?
The decision involved a tenant and a landlord.
How did the court decide, and why?
The court decided based on the condition of the furnished flat and compared it to similar properties in the area.
Which laws or rules were applied?
The Housing Act 1988 and the Landlord & Tenant Act 1985 were applied.
What was the argument that mattered most?
The condition of the furnished flat was the most important factor in determining the rent.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their property is well-maintained and compare it to similar properties in the area.
What evidence or documents mattered?
Comparables of similar properties and the condition of the furnished flat were important.
Can a decision like this be appealed?
Yes, a decision like this can be appealed within a month of the decision.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for such cases.