First-tier Tribunal Determines Fair Market Rent for Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided on a fair market rent for a property, considering factors like poor ventilation and substandard kitchen fittings.
⚖️ Legal holding
A tenant is entitled to a fair rent adjustment based on the property's condition, as evidenced by the Improvement Notice from Crawley Borough Council.
📖 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 then determine a fair market rent based on what a willing landlord would charge for a similar property in the open market. The determination takes into account the condition of the property and disregards certain factors such as improvements made by the tenant or reductions due to non-compliance with tenancy terms.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal adjusted the proposed rent of £1,380 to £1,250 after considering the property's substandard conditions.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair market rent for a property, taking into account the condition of the property, including issues with ventilation, double glazing, and kitchen fittings.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/45UE/MNR/2025/0629
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 18 [ADDRESS] [POSTCODE]
[NAME] [NAME] Judge Gethin
Landlord [NAME], 19 [ADDRESS], [POSTCODE]
Tenant Miss [APPELLANT]
1. The rent is: £ 1250.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 18 February 2025
3. The amount included for services is not applicable n/a Per n/a
4. Date assured tenancy commenced 18 December 2020
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs Landlord
7. Furniture provided by landlord or superior landlord 2 double beds, 2 wardrobes, TV unit, coffee table, dining table and 5 chairs, sofa, fridge, washing machine, oven, steam extractor.
8. Description of premises 2 bedroom first floor flat
[NAME] of Decision 23 April 2025
© CROWN COPYRIGHT 2025
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/45UE/MNR/2025/0629 Property : 18 [ADDRESS] [POSTCODE] Applicant Tenant : Ms [COUNSEL] [NAME] :
None
Respondent Landlord : Ms [COUNSEL] [NAME] : None Type of Application :
Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members : [NAME] [NAME] Judge Gethin Date of Application : 15th February 2025 Date of Decision :
23rd April 2025
DECISION
The Tribunal determines a rent of £1,250 per calendar month with effect from 18th February 2025.
HAV/45UE/MNR/2025/0629 2
SUMMARY REASONS
Background 1. On 16th January 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,380 in place of the existing rent of £1,300 per month to take effect from 18th February 2025.
2. On 15th February 2025 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 by the Tenant and the Landlord. Determination and Valuation 5. Having given consideration to the comparable evidence provided by the parties 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 tenantable condition would be £1,500 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 so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for poor ventilation to the Bathroom, ‘blown’ double glazing units, partial electric heating and poor kitchen fittings all evidenced by an Improvement Notice served by Crawley Borough Council dated 18th March 2025.
8. The full valuation is shown below: Full open market rent in good condition £1,500 Less deductions for:- Poor ventilation to bathroom
£25 Defective double-glazing units
£75 Substandard kitchen fittings
£100 Partial electric heating
£50
____ TOTAL RENT PAYABLE PER MONTH
£1,250
HAV/45UE/MNR/2025/0629 3 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 £1,250 per month.
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 £1,250 per month should take effect from 18th February 2025 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:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Market Rent for Disputed Property
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent for Property with Faulty Appliances
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Property in Poor Condition
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Market Rent for Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Considering Property Condition
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent at £250 per Week for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent to £1600 Due to Property Condition
- First-tier Tribunal (Property Chamber) Tribunal Sets £1615/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Market Rent for Tenancy Dispute
- First-tier Tribunal (Property Chamber) Tribunal Sets £235 Weekly Rent for Converted Victorian Flat in London
- First-tier Tribunal (Property Chamber) Tribunal Reduces Rent Due to Property Disrepair
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent Based on Property Condition
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 tenant is entitled to a fair market rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set the rent at £1,250 per month for the assured tenancy.
What was the dispute about?
The dispute was over the proposed rent increase from £1,300 to £1,380 per month.
How did the court decide, and why?
The court decided to set the rent at £1,250 per month, considering the property's substandard conditions.
Which laws or rules were applied?
The Housing Act 1988, specifically section 14, was applied.
What was the argument that mattered most?
The argument that mattered most was the evidence of substandard conditions in the property.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may also have their rent adjusted based on the condition of their property.
What evidence or documents mattered?
The Improvement Notice from Crawley Borough Council detailing the property's substandard conditions mattered.
