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Allowed in PartFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Sets Market Rent for London Property

Case No.

📌 In brief

The First-tier Tribunal decided on the market rent for a property in London after reviewing evidence from both the tenant and landlord. They set the rent at £1900 per month starting from July 17, 2023.

⚖️ Legal holding

A tenant is entitled to a fair market rent assessment based on comparable properties in the area.

Topics

tenancy disputesmarket rent assessment

Provisions

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, section 14 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 a fair market rent based on comparable properties in the area, taking into account various factors including the terms of the existing 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 a property based on provided evidence and local rental conditions.

📜 Headnote Official document

The First-tier Tribunal assessed the market rent for a property in London, considering evidence from both parties and determining a rent of £1900 per month effective from July 17, 2023.

📚 Full judgment Official document

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BE/MNR/2023/0264

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 97 [ADDRESS], [POSTCODE]

Judge R Cohen Mrs A Flynn MA MRICS

Landlord [NAME] 14 [ADDRESS], [POSTCODE]

Tenant [NAME] [APPELLANT] & [APPELLANT]

1. The rent is: £ 1900.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 17 July 2023

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 17 Feb 2016

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs S11 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord White goods and living room and bedroon furniture

9. Description of premises A self contained two-bedroom flat on the 13th floor of a purpose-built block.

Chairman Judge R Cohen Date of Decision 27 Nov 23

1

Case Reference

: HS/LON/00AG/MNR/2023/0378

Property : 97 [ADDRESS], [POSTCODE]

Tenant: [NAME] [APPELLANT] [NAME] and [APPELLANT]

Landlord : [NAME] [RESPONDENT] [NAME] of Application : 13 June 2023.

Type of Application : Assessment of market rent under Sections 13 and 14 Housing Act 1988

Tribunal

: Judge R Cohen Mrs A Flynn MA MRICS

Date of Summary Reasons

: 11 January 2024

_______________________________________________

DECISION

The sum of £1900 per calendar month will be the rent with effect from 17 July 2023 being the start date proposed in the Landlord’s form 4. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. Following an application from the Tenant dated 13 June 2023 referring a notice proposing a new rent under an assured periodic tenancy pursuant to section 13 (4) of the Housing Act 1988, the Tribunal has made a determination under the provisions of the Housing Act 1988. The landlord had served a notice proposing a new rent of £2000.00 per calendar month in place of the existing rent of £1500.00 per calendar month with effect from 17 July 2023. The tenancy commenced on 17th February 2016. A tenancy agreement was included in the papers.

Inspection 2. The Tribunal did not inspect the Property, having not been requested to do so, but considered this case on the basis of the papers provided by the parties.

Evidence 3. Both parties provided evidence. The tenant provided examples of rentals of rooms in the area and the landlord provided general statistical increases as well as photographs.

Determination and Valuation 4. Having consideration of our own expert, general knowledge of rental values in the SE5 and particularly taking into account rents of rooms in shared accommodation, and being aware of the terms of the tenancy agreement, we consider that the open market rent for the Property in its current condition based on the information provided to us would be £1,900 per calendar month.

Chair:

Judge R Cohen

Date:

11 January 2024

APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal

3 will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

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 tenant is entitled to a fair market rent based on comparable properties in the area.
  • The tenant is entitled to a rent adjustment based on the property's condition.
  • The tenant is entitled to a fair market rent for their assured periodic tenancy.
  • The tenant is entitled to a fair rent determination based on the local rental market and property condition.
  • The tenant is entitled to have their rent set at a reasonable market rate based on the property's condition and comparable properties in the area.

❌ Tends to be rejected

  • The tenant is not entitled to a fair market rent if the comparable properties are not truly similar or the property condition is not accurately assessed.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The market rent for a property was set at £1900 per month.

Who was involved?

The tenant and landlord were involved in the dispute over rent.

How did the court decide, and why?

The court reviewed evidence from both parties and set the rent based on comparable properties in the area.

Which laws or rules were applied?

The Housing Act 1988 was applied to assess the market rent.

What was the argument that mattered most?

The tenant argued that the proposed rent was too high compared to similar properties in the area.

Was the decision for or against the person who brought the case?

The decision was partially in favour of the tenant, setting a lower rent than initially proposed.

What does this mean for someone in a similar situation?

Someone in a similar situation should gather evidence showing comparable rents in the area.

What evidence or documents mattered?

Examples of rental prices in the area and the terms of the tenancy agreement were important.

Can a decision like this be appealed?

Yes, either party can appeal the decision if they disagree with the outcome.

Is it worth getting a solicitor for a case like this?

It is recommended to seek legal advice from a qualified solicitor for such cases.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.