AllowedFirst-tier Tribunal (Property Chamber)·22 October 2024

First-tier Tribunal Reduces Proposed Rent Due to Property Condition

Case No.

📌 In brief

The First-tier Tribunal reduced the proposed rent from £1550 to £1305 because the property was in poor condition, specifically lacking double glazing on the windows.

⚖️ Legal holding

A tenant is entitled to a rent adjustment based on the condition of the property.

Topics

tenancy disputesrent adjustments

Provisions

Housing Act 1988 s.14

📖 What the law says

Housing Act 1988 s.14

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 the rent based on what a willing landlord might expect to receive for letting the 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 the tenant's non-compliance.

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

📖 Technical summary

The Tribunal adjusted the proposed rent due to the property's poor condition.

📜 Headnote Official document

The Tribunal reviewed a notice proposing a new rent and determined a lower rent based on the property's poor condition. The decision took effect from July 1, 2024.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AK/MNR/2024/0072

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 52 [ADDRESS], [POSTCODE]

[NAME]

Landlord [RESPONDENT] 2 [ADDRESS] , [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1305 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 July 2024

*3. The amount included for services is

not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 14 September 2012

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Tenant some internal repairs. Landlord exterior structure and services.

8. Furniture provided by landlord or superior landlord None

9. Description of premises First floor flat in converted house comprising one bedroom, living room, kitchen, bathroom/WC.

[NAME] of Decision 13 October 2024

Case Reference

: HS/LON/00AK/MNR/2024/0072

Property : 52 [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT] [NAME]

Landlord : [RESPONDENT] of Objection : 13 February 2024

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

Tribunal

: Mr [NAME] of Summary Reasons

: 13 October 2023

_______________________________________________ SUMMARY REASONS ___________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Background 1. On 22 December 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1550 in place of the existing rent of £ 1250 per month to take effect from 14 February 2024.

2. On 13 February 2024 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. The Tribunal has had consideration of the written submissions provided by the Landlord. The tenant did not respond to the directions.

Determination and Valuation 5. Having considered the comparable evidence provided by the landlord and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good condition would be in the region of £1450 per month. From this level of rent we have made adjustments in relation to:

The poor condition of the windows and lack of double glazing.

6. The full valuation is shown below:

per month Market Rent

£1450

Less The poor condition of the windows )

£145 and lack of double glazing. )

___

£1,305

7. The Tribunal determines a rent of £1,305 per month.

Decision 8. 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 £1,305 per month.

9. The Tribunal considered that as the tenant was subject to a suspended possession order for rent arrears, the increase would cause undue hardship and therefore directs the new rent of £1,305 per month to take effect from 1 July 2024.

Chairman: [NAME]: 13 October 2024

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 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:

Allowed12 cases

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 property's windows were in poor condition and lacked double glazing, which justified a rent reduction.
The Tribunal considered the tenant's suspended possession order for rent arrears, leading to a decision that an increase would cause undue hardship.

❌ Tends to be rejected

The landlord proposed a new rent of £1550 per month based on their notice under Section 13(2) of the Housing Act 1988.
The tenant did not respond to the directions provided by the Tribunal.

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

❓ Frequently asked questions

What did this decision decide?

The Tribunal decided to reduce the proposed rent from £1550 to £1305 due to the property's poor condition.

Who was involved?

The tenant and the landlord were involved in the dispute over the rent.

How did the court decide, and why?

The court decided to adjust the rent downwards because the property was in poor condition, particularly the windows lacked double glazing.

Which laws or rules were applied?

The Housing Act 1988, section 14 was applied in determining the rent.

What was the argument that mattered most?

The argument that mattered most was the condition of the property, especially the windows without double glazing.

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 be able to negotiate a lower rent if the property is in poor condition.

What evidence or documents mattered?

The condition of the property, particularly the windows, was a key factor in the decision.

Can a decision like this be appealed?

Yes, decisions like this can be appealed if either party disagrees with the outcome.

Is it worth getting a solicitor for a case like this?

It is always recommended to seek 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.