First-tier Tribunal Sets Market Rent for Assured Tenancy
📌 In brief
In this case, the First-tier Tribunal set the market rent for a flat in Bournemouth. The landlord proposed increasing the rent to £900 pcm, but after considering the property's condition and provided items, the tribunal determined the fair market rent at £850 pcm.
⚖️ Legal holding
A tenant is entitled to have their rent set at a fair market rate after considering any relevant factors such as property condition and provided items.
📖 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, considering various factors including the terms of the tenancy and any improvements made by the tenant.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for an assured tenancy based on comparables and adjustments.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the market rent for an assured tenancy based on comparables and adjustments, setting it at £850 per calendar month.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference
HAV/00HQ/MNR/2026/0005
[ADDRESS], [POSTCODE]
Tenant
Ms [COUNSEL]
Tenant’s Representative
None
Landlord
Ms [COUNSEL]
Landlord’s Address
Landlord’s Representative
None
Date of Application
6th January 2026
Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members [NAME] [NAME] [NAME] of Decision
23rd March 2026
Rent Determined
£850 per calendar month
Date the new rent takes effect
13th January 2026
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REASONS FOR THE DECISION
Background
1. On 13th November 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £900 per calendar month(pcm) in place of the existing rent of £850 pcm to take effect from 13th January 2026.
2. On 6th January 2026, 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 13th January 2025 for a term of 2 months. The rental period is monthly.
Allocation of Repairs between Landlord and Tenant.
4. None.
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. The Landlord provides a sofa, table, chest of drawers, wardrobe, washing machine and an IKEA storage unit.
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.
The Property
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9. The Property is a stated to be a ground floor flat within an Edwardian brick building, offering the following accommodation:
Living room, kitchen, bedroom, bathroom and a shared garden.
The Property benefits from central heating and double glazing.
Evidence
10. Both the Tenant and the Landlord returned the Tribunal’s Reply forms. An inventory with photographs of the property dated 13th January 2025 was included.
The Tenant.
11. The Tenant made the following comments:
a) The Tenant completed a Rent Appeal Statement in which she states she has had to replace the fridge, and the washing machine is old and rusted.
b) The Tenant also refers to historic issues she has experienced at the property and includes photographs of its current condition.
The Landlord
12. The Landlord made the following comments:
a) Some carpets, blinds and all standard white goods are included.
b) The Landlord provided a list of repairs and improvement she had undertaken over a period of years.
c) The Landlord provided details of 2 comparable flats with asking rents of £995 pcm and £1,000 pcm. She also states that her agent has advised that the rental value of the property is £900 pcm.
Determination and Valuation
13. 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 market rental of the subject Property modernised and in good order would be in the order of £900 pcm. This is the rent we would expect the property to let for in the
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open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord.
14. From this level of rent, the Tribunal has made adjustments in relation to the following:
a) Tenants provision of replacement fridge. b) ‘Tired’ internal condition including damaged plaster and damp.
The full valuation is shown below:
Starting Rent
£900 pcm
Less a) Items given under a) above
£10 b) Items given under b) above
£40
Market rent
£850 pcm
Undue hardship
12. 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.
13. The Tenant has made no submission I this respect.
Decision
14. Therefore, the Tribunal determines the market rent at £850 per calendar month with effect from 13th January 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 Determines Market Rent at £1,250 PCM
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £920 PCM
- 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 for HMO Room
- First-tier Tribunal (Property Chamber) Tribunal sets fair rent for Redcar property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £725 PCM for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £940 PCM
- First-tier Tribunal (Property Chamber) Tribunal Determines Market Rent for Assured Tenancy
- 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) First-tier Tribunal Sets Fair 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 at a fair market rate based on comparable properties in the area.
- Rent assessment must consider the current market conditions.
- The physical state of repair of the property should influence the rent setting.
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 £850 per calendar month.
Who was involved?
A tenant and a landlord were involved in the case.
How did the court decide, and why?
The tribunal considered comparables and property condition to determine the fair market rent.
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 condition of the property and provided items influenced the decision on the fair market rent.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, as the proposed increase to £900 pcm was reduced to £850 pcm.
What does this mean for someone in a similar situation?
Someone facing rent determination can argue that any property issues or provided items should be considered when setting the market rent.
What evidence or documents mattered?
Evidence such as comparables and details of repairs were important to the decision.
Can a decision like this be appealed?
Yes, either party can appeal on a point 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.
