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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Sets New Market Rent for Property

Case No.

📌 In brief

The First-tier Tribunal decided on a new market rent for a property under an assured periodic tenancy. The rent was set at £1,700 per month after considering the property's condition and local rental values.

⚖️ Legal holding

A tenant is entitled to a market rent determination under the Housing Act 1988.

Topics

tenancy disputesmarket rent determination

Provisions

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, a tenant can apply to a tribunal to challenge the rent payable under their assured tenancy. The tribunal will then determine a new open-market rent. However, an application cannot be made if the current rent is based on a previous determination under this section or if more than six months have passed since the start of the tenancy.

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

📖 Technical summary

The Tribunal determined a new market rent for the property based on the Housing Act 1988.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined a new market rent of £1,700 per month for a property under an assured periodic tenancy, following a notice under the Housing Act 1988.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AG/MNR/2025/0684

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]

Landlord

[COMPANY] 45 [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1700 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 23 February 2025

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 23 February 2024

6. Length of the term or rental period Monthly Assured Periodic Tenancy

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A purpose built ground floor flat forming part of a five-storey block. Accommodation comprises: one room, kitchen, living room, bathroom/WC..

[NAME] of Decision 28 May 2025

1

Case Reference

: LON/OOAG/MNR/2025/0684

Property : [ADDRESS] [POSTCODE]

Tenant

: [COUNSEL]

Landlord : [COMPANY] : None

Date of Objection : 6 February 2025

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

Tribunal

: Mr [NAME] of Summary Reasons

: 28 May 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,700 per calendar month with effect from 1 February 2025. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background

1. On the 23 December 2024 the Landlord served an undated notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,136 per month in place of the existing rent of £1,088 per month to take effect from 23 February 2025.

2. On the 6 February 2025 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 parties did not request a hearing or inspection to determine this matter and the Tribunal agreed with this arrangement and considered this case on the basis of the limited papers provided by the parties with the assistance of Rightmove and Google Maps.

Evidence

4. The Tribunal has received no written evidence or comparable evidence from the parties.

Determination and Valuation

5. Having consideration of our own expert, general knowledge of rental values in the Camden area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £1,700 per month.

6. The Tribunal has received no evidence regarding the condition of the property and therefore this rental figure assumes the property has reason fittings with modern services and gas central heating.

7. The Tribunal determines a rent of £1,700 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 in its current condition was £1,700 per calendar month.

3 9. The Tribunal directs the new rent of £1,700 to take effect on the 23 February 2024. This being the date set out in the Landlord’s Notice of increase.

10.It is often the case that market rents are in excess of those that maybe charged by social landlord’s as it is a significant part of their remit to provide affordable housing. As such depending on the type of tenancy agreement their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with the open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not seek to increase the rent proposed in its original notice as a result of this determination.

Chairman: [NAME]: 28 May 2025

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 is entitled to a market rent determination under the Housing Act 1988.
  • The tenant is entitled to a fair market rent for their assured periodic tenancy.
  • The tenant may request a reduction in rent if the proposed increase would cause undue hardship.
  • A tenant is entitled to a fair market rent for their property based on its condition and comparable rents in the area.
  • A tenant is entitled to a rent determined by the open market value of the property.

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

❓ Frequently asked questions

What did this decision decide?

The Tribunal set a new market rent of £1,700 per month for the property.

Who was involved?

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

How did the court decide, and why?

The court decided based on the Housing Act 1988 and the property's condition and local rental values.

Which laws or rules were applied?

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

What was the argument that mattered most?

The argument that mattered most was the comparison of the property's value with similar properties in the area.

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

The decision was for the tenant, setting a higher rent than initially proposed by the landlord.

What does this mean for someone in a similar situation?

Someone in a similar situation may also seek a market rent determination if they believe the rent is unfair.

What evidence or documents mattered?

No specific evidence was mentioned, but the Tribunal considered rental values in the Camden area.

Can a decision like this be appealed?

Yes, decisions like this can be appealed to a higher court.

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

It is recommended to get legal advice from a solicitor for cases involving rent disputes.

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.