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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Sets New Market Rent for Assured Tenancy

Case No.

📌 In brief

The First-tier Tribunal decided on a new rent of £1920 per month for an assured periodic tenancy, effective from July 1st, 2023. This decision was based on the current market value of the property.

⚖️ Legal holding

A tenant is entitled to have their rent determined according to the open market value of the property.

Topics

tenancy determinationmarket 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 the rent based on what a willing landlord would charge in the open market for a similar periodic tenancy.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The Tribunal determined a new market rent for an assured periodic tenancy.

📜 Headnote Official document

The First-tier Tribunal determined a new market rent of £1920 per month for an assured periodic tenancy, effective from 1 July 2023, based on the open market value of the property.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00BB/MNR/2023/0240

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 118 [ADDRESS], [POSTCODE]

[NAME]

Landlord [COMPANY], [ADDRESS], Newcastle Upon Tyne, [POSTCODE]

Tenant [APPELLANT] & [APPELLANT]

1. The rent is: £ 1920 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 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 1 June 2022

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 none

9. Description of premises Purpose built flat on the 14th floor with 1 bed and open plan living area. Furnished.

[NAME] of Decision 31 August 2023

1

Case Reference

: LON/00BB/MNR/2023/0240

Property : 118 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] & [APPELLANT]

Landlord : [RESPONDENT] of Objection : 30 May 2023

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal

: Mr [NAME]

Date of Summary Reasons

: 31 August 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1920 per calendar month with effect from 1 July 2023. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background 1. On 25 May 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1920 in place of the existing rent of £ 1695 per month to take effect from 1 July 2023

2. On 30 May 2023 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.

Evidence 4. There were no written submissions form the parties.

Determination and Valuation 5. Using our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1920 per calendar month.

Decision 8. 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 £1920 per calendar month.

9. The Tribunal directed the new rent of £9120 to take effect on 1 July 2023 this being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 31 August 2023

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 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 disputes a landlord's proposed rent increase under specific legal provisions.
  • The rent is determined according to the open market value of the property.
  • The rent adjustment takes into account the property's condition and amenities.
  • The tribunal sets a fair market rent for the assured periodic tenancy.

❌ Tends to be rejected

  • The landlord determines a new rent that does not reflect the open market value accurately.

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

❓ Frequently asked questions

What did this decision decide?

It set a new market rent of £1920 per month for an assured periodic tenancy.

Who was involved?

The tenant and the landlord were involved.

How did the court decide, and why?

The court decided based on the open market value of the property, as assessed by the tribunal's expert knowledge.

Which laws or rules were applied?

The Housing Act 1988, specifically section 14, was applied.

What was the argument that mattered most?

The argument that mattered most was the determination of the open market rent based on the property's condition and location.

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

The decision was for the tenant, who requested the determination of the market rent.

What does this mean for someone in a similar situation?

Someone in a similar situation can expect their rent to be determined based on the current market conditions.

What evidence or documents mattered?

No written submissions were provided, but the tribunal considered the papers provided by the parties.

Can a decision like this be appealed?

Yes, a decision like this can be appealed, but the details of how to appeal will be set out in the full reasons.

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

It is always recommended to seek 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.