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Allowed in PartFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Determines Market Rent for Bognor Regis Flat

Case No.

📌 In brief

A tenant sought to determine the fair market rent for their flat in Bognor Regis. The First-tier Tribunal considered comparable properties and the specific conditions of the flat before setting a new rent of £760 per month, effective from February 2026.

⚖️ Legal holding

A tenant is entitled to a fair determination of their rent based on market conditions and property specifics under Section 13 of the Housing Act 1988.

Topics

rent controlproperty valuation

Provisions

Housing Act 1988 s.13Landlord and Tenant Act 1985

📖 What the law says

Housing Act 1988 s.13

This section of the Housing Act 1988 applies to certain types of assured 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. The exact timing depends on the type of tenancy, with specific rules for yearly tenancies and those lasting less than a month.

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

📖 Technical summary

The Tribunal determined the market rent for an assured tenancy property in Bognor Regis, considering comparable rental evidence and property condition.

📜 Headnote Official document

The First-tier Tribunal determined a market rent of £760 per month for an assured tenancy flat in Bognor Regis, considering comparable rental evidence and property condition. The new rent takes effect from February 2026.

📚 Full judgment Official document

OUTCOME: Allowed in Part

© [NAME]

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference HAV/45UC/MNR/2025/0853

[ADDRESS], [POSTCODE]

Tenant [NAME]

Tenant’s Representative Ms [COUNSEL]

Landlord J49 Limited

Landlord’s [ADDRESS], [POSTCODE]

Landlord’s Representative

Date of Application 23 December 2025

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

Tribunal Members [NAME] – [NAME] Member

Date of Decision 5 March 2026

Rent Determined £760.00 per month (£175.38 per week)

Date the new rent takes effect 1 February 2026

© [NAME] FOR THE DECISION

Background

1. On 2 December 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £551.82 per week in place of the existing rent of £145.46 per week to take effect from 1 February 2026.

2. On 23 December 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 1 October 2023 for a term of 6 months. The rental period is monthly.

Allocation of Repairs between Landlord and Tenant.

4. As per the Landlord and Tenant Act 1985.

Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.

5. No fixed service charge is included in the rent.

6. No furniture is provided by the Landlord.

Liability for Council Tax

7. The Tenant is responsible for the payment of Council Tax in respect of the Property. 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. The Tribunal carried out an inspection of the Property on 19 February 2026 in the presence of the Tenant and his representative, Ms [COUNSEL]. The Landlord was notified of the inspection but did not attend.

© [NAME]

10. Neither party requested an oral hearing and nor did the Tribunal consider a hearing necessary. Accordingly, the Tribunal has considered the application on the basis of an inspection, the papers provided by the parties, and its own knowledge and specialist expertise.

The Property

11. The Property was found to be a first floor flat forming part of a three-storey building, offering the following accommodation:

Hall, open plan lounge/kitchen, one bedroom, and bathroom with full suite.

Outside: No parking. No garden.

12. The Property benefits from gas fired central heating to radiators and double glazing.

13. The Property is situated in a mixed residential and commercial area, within close proximity of local amenities, shopping facilities and the seafront. The Property fronts a busy road and is close to a junction, creating some noise disturbance. Local public transport links, including a railway and bus station are within walking distance.

14. The exterior of the windows was noted to be in want of repair and redecoration.

Evidence

15. Both the Tenant and the Landlord returned the Tribunal’s Reply forms.

The Tenant

16. The Tenant made the following comments:

a) All white goods, including a replacement oven, and curtains are provided by the tenant.

b) The exterior of the timber windows require maintenance, including to flaked paintwork – photographs provided. Modern double glazing would be beneficial.

c) The bathroom fittings are satisfactory. Kitchen space is limited.

d) Two online advertisements of properties to rent in Bognor Regis were provided by way of comparable rental evidence. The first comparable, a

© [NAME]

one bedroom top-floor flat in [ADDRESS], was advertised at £850 per month (£196/week). The property is situated within a modern four- storey block and provides UPVC double glazing, under floor heating, communal lift, garden, bike facility and is described as “well- presented”. The second comparable is a one bedroom, ground floor flat within a three-storey building in [ADDRESS]. The property is advertised as including white goods and is described as “modern throughout”. Allocated parking included. Asking rent £900 per month (£208/week).

The Landlord

17. The Landlord made the following comments:

a) J49 became the landlord of the Property with effect from 1 December 2025. They are not aware of any material improvements to the Property since such date.

b) The Landlord states that “Stock condition survey programme has been procured and contractor mobilisation is underway.”

c) Accommodation and provision of white goods are confirmed as per the Tenant’s statement.

d) The property has no double glazing.

e) No comparable rental evidence was submitted.

f) The Tribunal notes that the Landlord does not dispute the Tenant’s statement regarding the condition of the windows.

Determination and Valuation

18. The tenant submitted two online advertisements as comparable rental evidence. Although the second property was marked “Let Agreed”, the agreed rent was not provided. The Tribunal finds that both comparables are in a superior condition and level of modernisation when compared to the subject Property, and each includes white goods. Additionally, the [ADDRESS] property benefits from allocated parking, which the subject Property lacks. The Tribunal considers both comparables to be of some assistance; however, in the absence of the agreed rental figure, neither can be regarded as fully reliable.

19. Having regard to the comparables provided by the tenant and weighing these against the Tribunal’s own expert, general knowledge of rental values in the

© [NAME]

area, the Tribunal considers that the market rental of the subject Property modernised and in good order, would be in the order of £825.00 pcm. 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 the comparable properties, including having white goods, and curtains provided by the landlord.

20. From this level of rent, the Tribunal has made an adjustment in relation to the following:

a) Tenant’s provision of white goods, including oven. b) Tenant’s provision of curtains. c) Disrepair and lack of maintenance to windows.

The full valuation is shown below:

Starting Rent

£825.00 pcm Less a) Items given under a) above

£30.00 b) Items given under b) above

£10.00

c) Items given under c) above

£25.00 £65.00

Market rent

£760.00 pcm

Undue hardship

21. 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.

22. The Tenant has not made any submissions concerning hardship.

23. The new rent will take effect from the date proposed by the Landlord in the Section 13 Notice, such being 1 February 2026.

Decision

24. The Tribunal determines the market rent at £760.00 per calendar month, equating to £175.38 per week, with effect from 1 February 2026.

© [NAME] 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:

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 reflecting the property's condition.
  • Rent should be adjusted based on the condition of the property and improvements made by the tenant.
  • Rent determination should consider comparable properties in the area.
  • Rent increases must reflect any disrepair or issues affecting the property's value.
  • Rent should be assessed based on current market conditions and the property's physical state.

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

❓ Frequently asked questions

What did this decision decide?

The market rent for an assured tenancy flat was set at £760 per month.

Who was involved?

A tenant and a landlord were involved in the dispute over rental value.

How did the court decide, and why?

The Tribunal considered comparable properties and property condition to determine a fair market rent.

Which laws or rules were applied?

Section 13 of the Housing Act 1988 was applied in determining the rent.

What was the argument that mattered most?

Comparable rental evidence and the specific conditions of the property influenced the decision.

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

The tenant's request for a fair market rent was partially granted, with adjustments made based on property condition.

What does this mean for someone in a similar situation?

Someone seeking to determine their rental value should provide comparable evidence and highlight any specific conditions affecting the property.

What evidence or documents mattered?

Comparable rental advertisements and statements about property condition were crucial.

Can a decision like this be appealed?

Either party can apply for permission to appeal on points of law 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.

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.