First-tier Tribunal Determines Market Rent for Residential Property
📌 In brief
The First-tier Tribunal decided on the market rent for a residential property, setting it at £795.00 per month after considering comparable rents and the property's condition.
⚖️ Legal holding
The market rent for a residential property should be determined based on comparable properties 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 what a willing landlord might expect to receive for the property.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for a residential property based on comparables and local rental values.
📜 Headnote Official document
The Tribunal determined a market rent of £795.00 per month for a residential property based on comparables and local rental values, considering the property's condition and improvements.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
Case Reference
: BIR/00CN/MNR/2025/0629
Property : [ADDRESS] on Trent [POSTCODE]
Tenant
: [APPELLANT]
Landlord : [APPELLANT] [NAME] of Application : Determination of a Market Rent under sections 13 & 14 of the Housing Act 1988
Tribunal Members : [NAME] [NAME]
Date of Decision : 29 August 2025
Date of Issue
: 11 September 2025
_______________________________________________
DECISION
The Tribunal determines a rent of £795.00 per calendar month with effect from 1 March 2025. ____________________________________
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
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REASONS FOR THE DECISION
Background
1. On 2 January 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 (“the Act”) which proposed a new rent of £795.00 per calendar month (pcm), in place of the existing rent of £675.00 pcm, to take effect from 1 March 2025. The tenancy commenced on 1 November 2020.
2. By an application received on 17 February 2025, under Section 13(4)(a) of the Act, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.
Inspection
3. The Tribunal has not carried out an inspection of the Property. Neither party requested an oral hearing. Accordingly, the Tribunal has considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.
The Property
4. From information provided by the parties, with the Tribunal’s own research, confirmed essential details of the Property as a basement/ground floor flat, offering the following accommodation which benefits from central heating and double glazing with private parking:
Living room/kitchen, Two bedrooms, bathroom and storeroom/utility.
The Property is situated close to the centre of the conurbation with amenities in close proximity.
Evidence
The Tenant
5. The Tenant did not make any submissions beyond that which was contained in the application form.
The Landlord
3 6. The Landlord confirmed that following a flooding event in 2023, the entire property was redecorated, carpets replaced and in addition, repaired/refurbished the bathroom and installed a new boiler.
7. In respect of the rent, the Landlord stated that they considered the proposed increase conservative and believed that the open market rental value would be between £805.00 and £830.00 pcm.
The following comparables were provided by the Landlord (all two bed flats):
a) Ground Floor Hartshill House (adjacent block). This is let at £795.00 pcm and is considered by the Landlord as a direct comparable as it was built by the same developer with similar layout and condition.
b) Elizabeth House, off [ADDRESS]. The Landlord states that this property was let at £875.00 pcm and is in close proximity to the subject.
c) 4 Fairways House – directly above subject. The Landlord states that this is currently let at £770.00 pcm but due to the recent refurbishment and improvement to the subject property is slightly inferior and would command a lower rental.
d) First Floor Hartshill House. This property was recently let at £775.00 The Landlord considers that flats at first floor level would command lower rentals than those on the ground floor. In addition, this property does not benefit from a utility room.
Determination and Valuation
8. With the exception of the property situated in Elizabeth House, the Tribunal considers the comparables provided by the Landlord are relevant to this matter. The property in Elizabeth House would appear to an outlier in terms of the evidence available to the Tribunal.
9. Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the proposed rental of £795.00 pcm represents the market rent.
12. Therefore, the Tribunal determines the market rent at £795.00 with effect from 1 March 2025.
Chairman: [NAME]
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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.
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First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/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. [ADDRESS] on Trent [POSTCODE]
[NAME] [NAME]
Landlord [APPELLANT]
Tenant
[APPELLANT]
1. The rent is: £795.00 Per month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1 March 2025
3. The amount included for services is not applicable
Per
4. Date assured tenancy commenced 1 November 2020 5. Length of the term or rental period Monthly 6. Allocation of liability for repairs Landlord and Tenant Act 1985 7. Furniture provided by landlord or superior landlord
8. Description of premises Flat with two bedrooms.
[NAME] of Decision 29 August 2025
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent of £950 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines New Market Rent for Tenant
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Proposed Rent After Considering Tenant Improvements
- First-tier Tribunal (Property Chamber) Tribunal Sets New Market Rent for Tenant Considering Property Condition and…
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Market Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Semi-Detached Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £950 per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £712 per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £735 per Month
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 increases must be assessed against current market conditions.
- Rent adjustments should consider the property's condition and tenant responsibilities.
- Tenants are entitled to have their rent set at a fair market value based on comparable evidence.
- Financial hardship of tenants is taken into account for rent adjustments.
- Rent determinations take into consideration the condition of the property.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set the market rent for a residential property at £795.00 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 comparable rents and the property's condition, including recent improvements.
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 comparables provided by the landlord were crucial in determining the market rent.
Was the decision for or against the person who brought the case?
The decision was for the tenant, who requested the determination of the market rent.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider comparable rents and the condition of their property when disputing market rent.
What evidence or documents mattered?
Comparables provided by the landlord and the condition of the property were important.
Can a decision like this be appealed?
Yes, either party can apply for permission to appeal to the Upper Tribunal on a point of law.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for specific legal issues.
