First-tier Tribunal Determines Fair Market Rent for Property
📌 In brief
The First-tier Tribunal decided on a new market rent for a property, setting it at £1387.50 per month after considering local rental values and the state of the property.
⚖️ Legal holding
A tenant is entitled to a fair market rent as determined by the Tribunal considering local rental values and property conditions.
📖 What the law says
This section applies to certain types of assured periodic tenancies, excluding relevant low-cost tenancies. It allows landlords to serve a notice proposing an increase in rent, which must take effect at least two months after the notice is served. There are additional conditions regarding when the rent increase can take effect, depending on the type of tenancy.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined a new market rent for a property based on evidence and local rental values.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a new market rent of £1387.50 per calendar month for a property, taking into account local rental values and the condition of the property.
📚 Full judgment Official document
OUTCOME: Allowed
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Case Reference
: JM/LON/00AH/MNR/2023/0280
Property : [ADDRESS], [POSTCODE]
Tenant
: Miss [APPELLANT]
Landlord : [COMPANY] of Objection : 19 June 2023
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: [NAME] Valuer 079475
Date of Summary Reasons
: 31 August 2023
_______________________________________________
DECISION
The Tribunal determines a rent of £1387.50 per calendar month with effect from 1 July 2023. ____________________________________
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 © CROWN COPYRIGHT 2023
SUMMARY REASONS
Background 1. On the 15 May 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,395 in place of the existing rent of £960 per month to take effect from 1 July 2023
2. On 19 June 2023 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 on the basis of the papers provided by the parties.
Evidence 4. There were no written submissions from the parties.
Determination and Valuation 5. Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1,500 per calendar month. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.
6. The full rental valuation is shown below:
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Decision 7. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1387.50 per calendar month.
8. The Tribunal directed the new rent of £1387.50 to take effect on 1 July 2023. This being the date as set out in the Landlord’s Notice of Increase.
Chairman: [NAME]: 31 August 2023
APPEAL PROVISIONS
You can only appeal this rent determination if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law. 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 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) Rent Determination for Assured Tenancy - First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent Based on Property Condition and Comparable Evidence
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Higher 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 used its own expert knowledge of local rental values to determine the market rent.
- The Tribunal considered the property's current condition when assessing the open market rent.
- Adjustments were made to the market rent to account for improvements made by the tenant.
- The new rent was set to take effect from the date specified in the landlord's original notice.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided on a new market rent for a property, setting it at £1387.50 per month.
Who was involved?
The tenant and the landlord were involved in the dispute over the market rent.
How did the court decide, and why?
The court decided based on evidence and local rental values, adjusting for the property's condition.
Which laws or rules were applied?
Sections 13 and 14 of the Housing Act 1988 were applied.
What was the argument that mattered most?
The argument about local rental values and the property's condition was crucial.
Was the decision for or against the person who brought the case?
The decision was for the tenant, setting a fair market rent.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their rent to be set based on local market conditions.
What evidence or documents mattered?
Local rental values and the condition of the property were key pieces of evidence.
Can a decision like this be appealed?
Yes, but only if there is a point of law that the First-tier Tribunal got wrong.
Is it worth getting a solicitor for a case like this?
Yes, it is always recommended to seek advice from a qualified solicitor.
