First-tier Tribunal Sets Market Rent for Assured Tenancy Flat
📌 In brief
A tenant challenged their landlord's proposed rent increase in a First-tier Tribunal hearing. The tribunal reviewed the case without inspecting the property, considering written submissions and market data. They set the new rent at £150 per week from April 2026.
⚖️ Legal holding
A tenant is entitled to have their rent set at the open market value as determined by a First-tier Tribunal under Section 13 of the Housing Act 1988.
📖 What the law says
This section applies to certain types of assured periodic tenancies, allowing landlords to serve a notice proposing an increase in rent. The notice must specify a new rent to take effect at the start of a new period, which must begin at least two months after the notice is served. There are additional conditions for when the rent can be increased again after the first increase.
A tenant under an assured tenancy can apply to a tribunal to challenge the rent payable under the tenancy, provided the rent is not pursuant to a previous determination under this section and more than six months have not elapsed since the beginning of the tenancy. The tribunal determines the open-market rent at which the dwelling house might reasonably be expected to be let by a willing landlord under an assured tenancy.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for an assured shorthold tenancy property in Birmingham.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the market rent for a one-bedroom flat in Birmingham, setting it at £150 per week from April 2026. The decision was based on comparable evidence and expert knowledge of rental values.
📚 Full judgment Official document
OUTCOME: Allowed in Part
© CROWN COPYRIGHT Case Reference : BIR/00CN/MNR/2026/0062 Property : [ADDRESS], [POSTCODE] Tenant : [NAME] Landlord : [NAME] Landlord’s agent : Date of application : 10th March 2026 Type of Application : Determination of a Market Rent Sections 13 & 14 of the Housing Act 1988 Tribunal Members : [NAME] [NAME] of Decision : 21st May 2026 _______________________________________________
DECISION The Tribunal determines a rent of £150 (One Hundred and Fifty Pounds) per week with effect from 6th April 2026 ____________________________________
REASONS FOR THE
DECISION FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 Background 1. On 23rd February 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £143.03 per week in place of the existing rent of £138.05 per week to take effect from 6th April 2026.
2. On 10th March 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. Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research. Evidence 4. The Tribunal considered the written submissions provided by the Tenant and the Landlord. From the brief information provided it appears that the subject property is a first floor one-bedroom apartment benefiting from a communal garden.
5. The property is let on an Assured Shorthold Tenancy incorporating standard repairing obligations. The Tenant states that the property was let unfurnished without carpets which he fitted at his expense. He also submits that he decorated the property throughout.
6. The Landlord did not submit any supporting evidence including market lettings of comparable properties to support their proposed rent increase.
7. The Tenant provided details within his submission of a Birmingham City Council Rent Variation Notice on [ADDRESS], Birmingham. [POSTCODE] indicating a rent of £97.66 from 6 April 2026 and a further Birmingham City Council Rent Variation Notice on [ADDRESS] [POSTCODE] indicating a rent of £121.94 from 6 April 2026.
8. The Tenant further submitted a request that the Tribunal consider whether the service charges were reasonable, properly evidenced and correctly applied in respect of the tenancy agreement and relevant regulatory requirements.
9. No submissions were made by either party regarding the current condition of the property.
3 Determination and Valuation 10. The Tribunal do not have the authority to consider the service charge element of the lease as requested by the Tenant and outlined in paragraph 8 above. The Tribunal’s sole authority is to determine the open market rent of the subject property.
11. Having considered the comparable evidence provided by the Tenant and of our own expert knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be £150 per week.
12. The Tribunal consider that no adjustments should be made to the market rent. Decision 13. 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 £150 per week with effect from 6th April 2026. Chairman: Date: 21st 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.
4 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], [POSTCODE] [NAME] [NAME] Landlord [NAME] [ADDRESS], Birmingham. [POSTCODE] Tenant [NAME]
1. The rent is: £150 Per week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 6th April 2026 3. The amount included for services is not applicable Per 4. Date assured tenancy commenced 14th April 2022 5. Length of the term or rental period 12 months 6. Allocation of liability for repairs Landlord and Tenant Act 1985 7. Furniture provided by landlord or superior landlord None 8. Description of premises First floor one bedroom apartment benefiting from a communal garden Chairman Date of Decision 21st May 2026 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2026/0062
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent Due to Property Defects
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Coventry Property
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Market Rent for Coventry Apartment
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent at £1200 PCM
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Birmingham Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Market Rent for HMO Bedroom
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £980 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Coventry Apartment
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 value as determined by the First-tier Tribunal.
- Rent should be adjusted based on the condition and state of repair of the property.
- Rent proposals must be supported by evidence of similar properties' market rates.
❌ Tends to be rejected
- If the request for a fair and reasonable open market rent is not adequately supported, it can be dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The First-tier Tribunal determined that the open market rent for a one-bedroom flat in Birmingham should be £150 per week.
Who was involved?
A tenant and their landlord were involved, with the tenant challenging the proposed rent increase.
How did the court decide, and why?
The tribunal reviewed written submissions from both parties and considered comparable rental data to set a fair market rent.
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 provided evidence from comparable rental properties to support their case for a lower rent.
Was the decision for or against the person who brought the case?
The decision was partially in favour of the tenant, as it set a market rent lower than proposed by the landlord.
What does this mean for someone in a similar situation?
Someone facing a rent increase can challenge it through the First-tier Tribunal if they have evidence to support their case.
What evidence or documents mattered?
Written submissions and comparable rental data were key pieces of evidence considered by the tribunal.
Can a decision like this be appealed?
Either party may apply for permission to appeal on points of law within 28 days of the 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.
