AllowedFirst-tier Tribunal (Property Chamber)·07 March 2025

First-tier Tribunal Determines Fair Market Rent for Assured Tenancy

Case No.

📌 In brief

The First-tier Tribunal (Property Chamber) decided on a fair market rent of £850 per month for an assured periodic tenancy. The Tribunal took into account comparable evidence and adjusted the rent to reflect the open market value, considering the tenant's provision of some white goods.

⚖️ Legal holding

A tenant is entitled to a fair market rent determination under the Housing Act 1988.

Topics

tenancy disputesrent determination

Provisions

Housing Act 1988 s.14

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, a tenant can apply to a tribunal to challenge the rent payable under their assured tenancy. The tribunal will then determine a fair market rent based on what a willing landlord would charge for a similar property in the open market. The application must meet certain conditions, such as not being made within six months of the tenancy start date if the rent was previously determined under this section.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The Tribunal determined a fair market rent for an assured periodic tenancy.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined a fair market rent of £850 per month for an assured periodic tenancy under the Housing Act 1988. The Tribunal considered comparable evidence and determined that the rent should reflect the open market value while accounting for the tenant's provision of some white goods.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/45UH/MNR/2024/0518

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 32 [ADDRESS] [POSTCODE]

[NAME] Mr [RESPONDENT] [NAME]

Landlord Mr [RESPONDENT] [NAME] c/o [RESPONDENT], 27 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 850.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 12 September 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 12 June 2015

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord

8. Description of premises 1-bedroom first floor flat.

[NAME] of Decision 11 November 2024

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/45UH/MNR/2024/0518 Property : 32 [ADDRESS] [POSTCODE] Applicant Tenant : Mr [COUNSEL] [NAME] :

None

Respondent Landlord : Mr [COUNSEL] F [NAME] : [RESPONDENT] of Application :

Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal Members : Mr [NAME] Mr [NAME] I [NAME] of Application : 10th September 2024 Date of Decision :

11th November 2024

DECISION

The Tribunal determines a rent of £850 per calendar month with effect from 12th September 2024.

HAV/45UH/MNR/2024/0518

2 SUMMARY REASONS

Background 1. On 6th August 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £950 per month in place of the existing rent of £585 per month to take effect from 12th September 2024.

2. On 10th September 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. Inspection 3. The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence

4. The Tribunal has considered the written submissions provided. Determination and Valuation 5. Having considered the comparable evidence provided and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenable condition would be in the region of £875 per calendar month.

6. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.

7. In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the Tenant providing some white goods.

8. The full valuation is shown below: Full open market rent in good condition £875 Less deductions for:- Tenants provision of some white goods

£25

____ TOTAL RENT PAYABLE PER MONTH

£850

9. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £850 per month.

HAV/45UH/MNR/2024/0518

3 10. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. 11. Accordingly, the Tribunal directed that the new rent of £850 per month should take effect from 12th September 2024 this being the date specified in the notice.

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:

Allowed11 cases

Allowed in Part1 case

First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Assured Tenancy

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 Tribunal determined a new rent based on its expert knowledge of rental values in the area.
The Tribunal adjusted the market rent downwards because the tenant provided some white goods.
The Tribunal considered comparable evidence when determining the open market rent.
The new rent took effect from the date specified in the landlord's notice because the tenant did not claim undue hardship.

❌ Tends to be rejected

The landlord's proposed rent of £950 per month was not accepted as the market rent.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The Tribunal determined a fair market rent of £850 per month for an assured periodic tenancy.

Who was involved?

The tenant and the landlord were involved in the dispute over the rent.

How did the court decide, and why?

The court decided based on comparable evidence and determined that the rent should reflect the open market value, adjusted for the tenant providing some white goods.

Which laws or rules were applied?

The Housing Act 1988 was applied to determine the fair market rent.

What was the argument that mattered most?

The argument that mattered most was the comparison of the property's rent with similar properties in the area.

Was the decision for or against the person who brought the case?

The decision was for the tenant, as the rent was set at a fair market rate.

What does this mean for someone in a similar situation?

Someone in a similar situation can expect their rent to be determined based on fair market conditions and any unique circumstances of their tenancy.

What evidence or documents mattered?

Comparable evidence from similar properties in the area was crucial in determining the fair market rent.

Can a decision like this be appealed?

Yes, a decision like this can be appealed if either party requests full reasons and follows the detailed appeal procedures.

Is it worth getting a solicitor for a case like this?

It is recommended to seek advice from a qualified solicitor for cases involving rent determinations.

Official source: First-tier Tribunal (Property Chamber) — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.