First-tier Tribunal Sets Market Rent for Assured Tenancy
📌 In brief
A tenant asked the First-tier Tribunal to determine their rent after receiving a notice from their landlord proposing an increase. The tribunal considered the evidence and local rental market conditions before setting the rent at £1850 per month, effective May 2026.
⚖️ Legal holding
A tenant is entitled to have their rent determined by a tribunal if they refer a landlord's notice proposing a new rent under Section 13(4)(a) of the Housing Act 1988.
📖 What the law says
This section of the Housing Act 1988 allows landlords to serve a notice proposing a new rent for an assured periodic tenancy, provided certain conditions are met. These include the notice being in a prescribed form and specifying a new period of the tenancy starting at least two months after the notice's service date.
This section implies a covenant by the lessor to keep the structure and exterior of the dwelling-house, along with installations for water, gas, electricity, and sanitation, in repair and proper working order. It also includes obligations to maintain space heating and heating water installations.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for an assured tenancy based on evidence and expert knowledge of rental values in the area.
📜 Headnote Official document
The First-tier Tribunal determined the market rent at £1850 per calendar month based on evidence and expert knowledge of rental values in Barnet, where a tenant referred a landlord's notice proposing an increase to £1980 pcm.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference
LON/00AC/MNR/2026/0340
[ADDRESS], [POSTCODE]
Tenant
[COUNSEL]
Tenant’s Representative
In Person
Landlord
[NAME]
Landlord’s Address
[ADDRESS], [ADDRESS], AL8 7 JX
Landlord’s [COUNSEL] of Hamilton Chase Estate Agent
Date of Application
10 May 2026
Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members Mr [NAME] Mr [NAME] of Decision
15 June 2026
Rent Determined
£1850 per calendar month
Date the new rent takes effect
11 May 2026
2
REASONS FOR THE DECISION
Background
1. On 8 April 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1980 per calendar month (pcm) in place of the existing rent of £1850 pcm to take effect from 11 May 2026.
2. On 10 May 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 11 November 2016 for a term of 12 months. The rental period is monthly on the 11th of the month.
Allocation of Repairs between Landlord and Tenant.
4. As per section 11 of the Landlord and Tenant Act 1985.
Liability for Council Tax
5. The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax.
Inspection/Hearing
6. 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.
The Property
7. The Tribunal did not inspect.
8. The Property is a ground floor flat, offering the following accommodation:
2 bedrooms, reception room, kitchen and bathroom.
Outside: XXX
3
The Property benefits from gas central heating and double glazing. The bedroom floors are carpeted and the remaining areas tiled
The Property is situated in in Barnet, close to shopping and public transport.
Evidence
9. Both the Tenant and the Landlord returned the Tribunal’s Reply forms.
The Tenant.
10. The Tenant made the following comments:
a) There is disrepair and the rent should not increase until the repairs are carried out. b) A s21 notice has been served so that the property can be sold c) The Tenant is in receipt of Universal Credit and provided supporting evidence.
The Landlord
11. The Landlord agreed the Tenant’s proposal the delay the rent increase until repairs are carried out.
12. A s21 notice has been served so that the property can be sold.
Determination and Valuation
13. Relying on its own expert, general knowledge of rental values in the area, and the statement provided by the Landlord that the rent increase will be deferred until repairs are made, the Tribunal confirms the present rent of £1850 pcm
Undue hardship
14. 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.
15. The Tenant has asked the Tribunal to fix a later starting date in this case but as the rent is not increasing there is nothing to defer.
4
Decision
16. Therefore, the Tribunal determines the market rent at £1850 per calendar month with effect from 11 May 2026.
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 Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rental Rate for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Portsmouth Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent Amid Financial Hardship
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 landlord agreed to delay the rent increase until repairs were completed, which the Tribunal considered.
- The Tribunal used its own expert knowledge of local rental values to determine the market rent.
- The tenant's request for a later start date for the new rent was not applicable because the rent was not increasing.
❌ Tends to be rejected
- The tenant's argument that the rent should not increase due to disrepair was not directly rejected, but the landlord's agreement to defer the increase made it moot.
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 the market rent for an assured tenancy at £1850 pcm.
Who was involved?
A tenant and their landlord were involved in a dispute over rental rates.
How did the court decide, and why?
The tribunal considered evidence about repairs needed and local market conditions before deciding on the rent.
Which laws or rules were applied?
Sections 13 and 14 of the Housing Act 1988 were used to determine the market rent.
What was the argument that mattered most?
The tenant argued for a lower rent due to disrepair issues, while the landlord proposed an increase based on market rates.
Was the decision for or against the person who brought the case?
The decision supported the tenant's request by confirming the current rent of £1850 pcm.
What does this mean for someone in a similar situation?
Someone facing a rent increase can refer it to a tribunal if they believe the proposed rate is unfair or too high.
What evidence or documents mattered?
Evidence about repairs and local rental market conditions was important in determining the rent.
Can a decision like this be appealed?
Either party may appeal on points 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.