First-tier Tribunal Determines Market Rent for Assured Tenancy
📌 In brief
In this case, the First-tier Tribunal decided on the fair rental price for a tenant's home based on local market conditions and the property’s state of repair. The tribunal adjusted the proposed rent to reflect these factors, setting it at £625 per month.
⚖️ Legal holding
A tenant is entitled to have their rent determined by the First-tier Tribunal based on the condition of the property and local rental values.
📖 What the law says
This section 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 the open-market rent based on reasonable expectations of what a willing landlord would charge for a similar property.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for an assured tenancy after considering evidence and comparable properties in the area.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the market rent for an assured tenancy after considering evidence and comparable properties in the area. The new rent was set at £625 pcm, effective from a specified date.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference BIR/41UC/MNR/2025/0802
Property
[ADDRESS] on Trent [POSTCODE]
Tenant
[COUNSEL]
Tenant’s Representative
None
Landlord
[COUNSEL] & [COUNSEL]
Landlord’s Address
- Landlord’s Representative None
Date of Application
24 September 2025 Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members [NAME] – [NAME] of Decision
18 June 2026 Rent Determined £625.00 per calendar month
Date the new rent takes effect
27 September 2025
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REASONS FOR THE DECISION
Background
1. The Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £650 per calendar month(pcm) in place of the existing rent of £575 pcm to take effect from 27 September 2025.
2. On 24 September 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.
3. The assured tenancy commenced on 27 May 2023. The rental period is monthly.
Allocation of Repairs between Landlord and Tenant
4. As per section 11 of the Landlord and Tenant Act 1985.
Services Charges or furniture provided by Landlord (other than carpets and curtains and white goods specified below) and the costs relating to the same.
5. None.
Liability for Council Tax
6. The Tenant is responsible for the payment of Council Tax in respect of the Property.
7. The rent determined is exclusive of Council Tax.
Any other terms of the tenancy taken into consideration in determining the rent
8. None.
Inspection/Hearing
9. Neither party requested an inspection or a hearing.
10. The Tribunal considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise.
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The Property
11. The Property is a terraced house and provides the following accommodation:
Internal: Living room/ kitchen, bathroom, and 1 bedroom.
Outside: Garden.
Evidence
12. Neither the Tenant nor the Landlord returned completed Reply forms.
The Tenant
13. The Tenant submitted an email dated 24 September 2025 detailing her financial and personal circumstances and referred to some areas of disrepair in the bedroom and a cracked kitchen window that has not been repaired since 2020.
The Landlord
14. The Landlord submitted the various inspection reports that were undertaken and details of the following comparable evidence:
[ADDRESS] – 1 bed flat at £775pcm [ADDRESS] – 1 bed flat at £775pcm Scala House Fleet St Burton – 1 bed flat at £775pcm Scala House Fleet St Burton – 1 bed flat at £775pcm Scala House Fleet St Burton – 1 bed flat at £ 725pcm [ADDRESS] – 1 bed flat at £700pcm [ADDRESS] – 1 bed flat at £695pcm [ADDRESS] – 1 bed flat at £650pcm
Determination and Valuation
15. The Tribunal had regard to the submissions and evidence and to its own expert general knowledge of rental values in the area.
16. The Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £650pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as other properties that are offered to let in the market.
17. The Tribunal found it necessary to make an adjustment for the condition of the Property compared to the evidence.
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18. The Tribunals full valuation is shown below:
Starting Rent
£650.00pcm
Less Adjustments for condition
£25.00
Market rent
£625.00 pcm
Undue hardship
19. The new rent takes effect from the date specified in the Landlord’s Notice of
Increase unless that would cause undue hardship to the tenant. In cases of
undue hardship, the Tribunal has a discretion to fix a later starting date up to
the date a Tribunal makes its determination.
20. The Tenant did not make an application in this respect.
Decision
21. Therefore, the Tribunal determines the market rent at £625 per calendar month with effect from 27 September 2025.
APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £825 pcm for Oldbury Flat
- First-tier Tribunal (Property Chamber) First-Tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for HMO Room
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent of £618.75 pcm for Ipswich flat
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets 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
- Rent should be set at a fair market value considering the property's condition.
- Rent should be set at a fair market rate considering the property's condition and improvements made by the tenant.
- Rent should be set at a fair market rate as determined by the First-tier Tribunal (Property Chamber).
❌ Tends to be rejected
- Rent should be set at a fair market value based solely on comparable properties in the area.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The First-tier Tribunal set a new rental price for an assured tenancy based on local market conditions and property condition.
Who was involved?
A tenant and their landlord were involved in the case, with neither party represented by legal counsel.
How did the court decide, and why?
The Tribunal reviewed evidence of comparable rental prices and adjusted for the current state of repair of the property.
Which laws or rules were applied?
Sections 13 and 14 of the Housing Act 1988 were applied to determine the market rent.
What was the argument that mattered most?
The condition of the property compared to local rental prices was crucial in determining the fair rent.
Was the decision for or against the person who brought the case?
The decision was for the tenant, setting a lower rent than proposed by the landlord.
What does this mean for someone in a similar situation?
Someone facing a rental increase can apply to the First-tier Tribunal if they believe the proposed rent is unfair.
What evidence or documents mattered?
Evidence of comparable rental prices and property condition reports were important.
Can a decision like this be appealed?
Yes, either party may appeal on a point of law to the Upper Tribunal within 28 days.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.
