First-tier Tribunal Sets Fair Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided to set the market rent for an assured tenancy based on the condition of the property and local rental levels. The tenant argued against a proposed increase, citing inflation rates and issues with the property's maintenance. After inspection, the tribunal determined the new rent at £950 per month.
⚖️ Legal holding
A tenant is entitled to have their rent set at a fair market rate considering the property's condition and location.
📖 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 rent at which the property might reasonably be expected to be let in the open market by a willing landlord.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for an assured tenancy based on the condition of the property and local rental levels.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the market rent for an assured tenancy based on evidence of property condition and local rental levels. The tenant argued against a proposed increase, citing inflation rates and property issues. The tribunal inspected the property and set the new rent at £950 pcm.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference
MAN/00EH/MNR/2025/1087
[ADDRESS] [POSTCODE]
Tenant
[NAME] and [COUNSEL]
Tenant’s Representative
Landlord
[COUNSEL] c/o [ADDRESS], [POSTCODE]
Landlord’s Representative Countrywide Residential Lettings
Date of Application
16 December 2025
Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members [NAME] – [NAME] of Decision
23 April 2026
Rent Determined
£950.00 per calendar month
Date the new rent takes effect
30 December 2025
2
REASONS FOR THE DECISION
Background
1. On 22 October 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £975.00 per calendar month (pcm) in place of the existing rent of £925.00 pcm to take effect from 30 December 2025.
2. On 16 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 30 April 2016 for a term of 12 months. 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 curtain and white goods specified below) and the costs relating to the same.
5. £0
Liability for Council Tax
6. 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.
7. None
Inspection/Hearing
8. Neither party requested an oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise.
3
The Property
9. The Property is a modern 4/5 bedroom semi-detached house, offering the following accommodation:
Living room, kitchen, 4 bedrooms (two en-suite), study / bedroom 5, bathroom.
Outside: rear garden with raised decking area and garage.
The Property benefits from central heating and double glazing.
The Property is situated in a modern development of similar properties to the south west of Darlington and near the village of Merrybent. Darlington town centre with all amenities is around three miles to the east.
Evidence
10. The Tenants returned the Tribunal’s Reply forms. Neither the Landlord nor his agent engaged with the Tribunal and did not return the Reply forms.
The Tenants.
11. The Tenants provided evidence relating to the condition of the property and history of repairs / breakdowns of services / equipment during the 10 year period of their tenancy. The tenants highlighted that the requested increase was above the level of inflation for the previous year.
The Landlord
12. The Landlord did not engage with the Tribunal and did not provide any evidence.
Market Rental Evidence 13. Neither party provided any evidence of market rent levels in the area.
Inspection
14. The Tribunal inspected the property on 23 April 2026 accompanied by the tenants. Neither the landlord nor his agent attended the inspection.
4
Determination and Valuation
15. Having received no evidence on market rent levels from either party, the Tribunal relied on its own expert, general knowledge of rental values in the Darlington area.
16. The Tribunal considers that the market rental of the subject Property in good condition and refreshed / presented to the market in best condition, to be in the region of £1100.00 pcm.
17. The property has been let for at least 10 years and, as to be expected after such a prolonged period of letting, would benefit from renewal / replacement of a number of fixtures and fittings, minor and cosmetic repairs and redecoration before being offered on the open market. These include recarpeting throughout, replacing kitchen white goods and making good leak damage to decoration in a couple of areas. The outdoor raised decking area appears to be nearing the end of its life and has had some boards replaced by the tenants.
18. We consider an adjustment of £150 pcm is appropriate to reflect the current condition of the property.
Decision
12. The Tribunal determines the market rent at £950.00 per calendar month with effect from 20 January 2026.
5
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 Market Rent for Coventry Apartment
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent for Redcar property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for HMO Room
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent at £1,100 PCM for Birmingham Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £920 PCM
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Market Rent for Worcester Flat
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Redcar Property
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent Due to Property Disrepair and Licensing Issues
- First-tier Tribunal (Property Chamber) Tribunal Determines Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Market Rent and Adjusts Start Date Due to Undu…
- 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 based on the property's condition and location.
- Rent should be determined by comparing similar properties in the area.
- Landlord's proposed rent increase must be justified by comparable rental values without causing undue hardship.
- Tenant's rent should be adjusted based on the property's compliance with local licensing requirements.
❌ Tends to be rejected
- Landlord's proposed rent increase was dismissed as it did not properly adjust for the property's specific features and location.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set the market rent for an assured tenancy based on local rental levels and the condition of the property.
Who was involved?
A tenant and a landlord were involved in the dispute over rent determination.
How did the court decide, and why?
The tribunal decided to set the new rent at £950 pcm after considering the property's condition and local rental levels.
Which laws or rules were applied?
Sections 13 and 14 of the Housing Act 1988 were applied in determining the market rent.
What was the argument that mattered most?
The tenant argued against a proposed increase, citing issues with property maintenance and inflation rates.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone facing a rent dispute can seek a fair market rate based on property condition and local rental levels.
What evidence or documents mattered?
Evidence regarding property condition, history of repairs, and inflation rates were important.
Can a decision like this be appealed?
Yes, either party may appeal the decision to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.
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.
