First-tier Tribunal Sets Market Rent for Assured Tenancy Property

OUTCOME: Allowed

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : LON/00AF/MNR/2026/0109 [NAME] : 113a [ADDRESS] [POSTCODE] Applicant : [redacted] (Tenant) Representative : [COUNSEL] [NAME] [COUNSEL] Respondent : [redacted] [COUNSEL] [NAME] (Landlord) Representative : None Date of Application : 2 February 2026 Type of Application : Determination of a Market Rent sections 13 &14 Housing Act 1988 Tribunal Members : Mr [NAME]. [NAME] Mr [NAME] of Decision : 21 May 2026 Rent Determined : £415 per week Date of new rent start : 1 February 2026

REASONS FOR DECISION

Background

1 A landlord’s notice dated 21 November 2025, was served under Section 13(2) Housing Act 1988 proposing a new rent of £450 per week in place of the passing rent of £253.32 pw to take effect from 1 February 2026.

2 2 On 23 January 2026 under S.13(4)(a) Housing Act 1988 the tenant referred the landlord’s notice proposing a new rent to the Tribunal for determination. The tenant appears to have mistakenly ticked the box for S.22 determination on Form 1 but, from the documents it is clear the intent was to seek a S.13 determination, as is usual.

3 The assured tenancy is now calendar monthly periodic.

Allocation of Repairs between Landlord and Tenant

4 As per S.11 Landlord and tenant Act 1985.

Landlord’s Service Charges and Furniture provided and costs.

5 None.

Liability for Council Tax

6 Tenant.

Other relevant terms of tenancy

7 None

Inspection and Hearing

8 An inspection is not routinely carried out. The Tribunal is content that it has sufficient information on the [NAME], its condition and on comparables, from a combination of the written and photographic representations received and from its own knowledge and specialist expertise.

[NAME]

9 There was no inspection. The [NAME] is a flat created from the conversion of a former large detached dwelling house from the 1890’s. The [NAME] has 3 bedrooms, living room/ kitchen, bathroom, WC set on 1 level. There is a small shared front yard with space for 2 cars and a back garden. The garden appears to be with the [NAME]. There are on street parking restrictions and bus services on what a fairly busy main road in an established residential area with some commercial activity. (Google Streetview June 2025).

10 The [NAME] appears to be of traditional construction, white rendered walls and a double pitched hipped main roof over. It appears in fair condition. There are PVCu double glazed windows and central heating. The [NAME] the floor finishes are assumed not to be provided by the landlord as is the convention in social housing landlords or where there are former social landlords. There were no white goods mentioned nor furniture.

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Evidence

11 The Tribunal received completed Form 1 and 1b from the tenant. Form 1a from the landlord was received. The Tribunal is grateful for such information as was provided by one or both of the parties.

Tenant

12 The tenant referred to the basic condition inside the [NAME] and provided some internal photographs. The common parts pictured appeared to be in poor condition, the let areas in fair condition.

13 The tenant provided written extract from local advertisements for rental accommodation at or around the valuation date. These showed a similar [NAME] with the same accommodation was to let at £415 per week.

14 The tenant suggested a new rent of £415 per week for the [NAME] at the valuation date.

Landlord

15 The Tribunal received brief representations from the landlord in Form 1a. These included their agreement to a new rent of £415 pw for the [NAME].

Law

16 In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the [NAME] falls to be valued as it stands; but assuming that the [NAME] to be in a reasonable internal decorative condition.

Valuation

17 The Tribunal finds the tenant’s comparable to let around in early 2026, helpful. From these and from the Tribunal’s own general knowledge of market rent levels in Bromley it determines that the subject [NAME] would let on normal Assured Shorthold Tenancy (AST) terms, for £475 per week, fully fitted and in good order. This is the rent we would expect the [NAME] to let for in the open market if it was in the same condition as comparable properties including landlord’s white goods carpets and curtains.

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18 From the representations the Tribunal found the following relevant factors which would affect this starting rental valuation: There was an absence of landlords floor coverings in good condition or any white goods, as is normal for social landlords. The bathroom and kitchen are also assumed whilst functional, to be basic. The Tribunal makes a deduction of £60 pw to reflect this, leaving a new market rent at £415 pw.

Undue Hardship

19 A new rent takes effect from the date in the landlords notice. In cases of undue hardship the Tribunal has discretion to fix a later starting date. Reference was made by the tenant to hardship as a result of the rent increase but, there was insufficient evidence in support provided to show that such a large percentage increase albeit delayed over many years would be sufficient to support a claim of undue hardship on this occasion and a later start date for the new figure.

Decision and effective start date

20 The Tribunal, on the basis of representations made considers that undue hardship would be caused and sets the starting date of the new rent of £415 per week as from 1 February 2026.

21 Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure.

[NAME] 21 May 2026

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

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 decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rule 2013).

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If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the [NAME], and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).