First-tier Tribunal Sets New Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal decided on the new rent for an assured tenancy based on market rates and a person condition. The landlord wanted to increase the rent to £1,200 per month, but after considering the a person's condition, the Tribunal set it at £1,050 pcm.
⚖️ Legal holding
A landlord may set a new rent for an assured tenancy based on open market rates, adjusted for a person condition.
📖 What the law says
This section allows a landlord to propose an increase in rent for an assured periodic tenancy through a notice, provided the new rent takes effect at least two months after the notice is served. The notice must be in a prescribed form and specify the new period of the tenancy.
A tenant can apply to a tribunal to challenge the rent proposed in a notice under section 13. The tribunal will then determine the open-market rent, considering the terms of the existing tenancy and disregarding certain factors like improvements made by the tenant.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured tenancy based on market conditions and a person condition.
📜 Headnote Official document
The First-tier Tribunal determined the new rent for an assured periodic calendar monthly tenancy based on market rates and property condition, adjusting for minor defects. The landlord proposed a new rent of £1,200 pcm, but the Tribunal set it at £1,050 pcm.
📚 Full judgment Official document
OUTCOME: Allowed in Part
© CROWN COPYRIGHT 2013
FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : CAM/00MB/MNR/2025/0821 [NAME] : 29 [ADDRESS] [POSTCODE] Applicant : [redacted] Representative : None Respondent : [redacted] (Landlord) Representative : [RESPONDENT]. Type of Application : S.13 Housing Act 1988 Determination of a new rent Tribunal Members : Mr [NAME]. [NAME] and venue of Meeting : 16 February 2026 First Tier Tribunal (Eastern) [ADDRESS] [POSTCODE] Date of Decision : 16 February 2026
REASONS FOR DECISION
Background
1 The First Tier Tribunal received an application dated 12 December 2025, before the effective start date of the new rent sought, from tenant of the [NAME], regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).
2 2 The notice, dated 5 November 2025, proposed a new rent of £1,200 per calendar month from and including 27 December 2025. This rent does not include other services.
3 The tenancy is an assured periodic calendar monthly tenancy succeeding an earlier fixed term lease, with effect from and including 27 July 2018. A copy was provided.
4 The rent payable from up to and including 30 September 2025 was said to be £996 per calendar month.
Directions
5 Directions, dated 16 December 2025 for the progression of the case, were issued by Legal [NAME]. Neither party asked for a hearing.
Inspection
6 There was no inspection. The [NAME] is a two bedroom, one bathroom flat with kitchen and living room. It is on an upper (second top) floor of a small low rise block (3 levels) constructed in the 1990’s. There are internal communal stairwells and external communal gardens (Google Streetview June 2018). There is a modern purpose built building on an estate of similar modern low rise blocks.
7 The building within which the [NAME] is located is finished to brick with double glazed windows and double pitched single lap tiled roof above. The surroundings are open space with landscaped car parking. It is assumed the tenant has use of a parking space on site. The accommodation is 2 bedrooms, living room, kitchen, bathroom WC with electrical storage heaters.
Tenants’ and Landlord’s Representations
8 The tenants provided written submissions via the Application Form and made a statement regarding the [NAME] and personal circumstances. The tenant states that he has experienced problems with disrepair historically including minor electrical, plumbing, shower, flooring, washing machine, and kitchen etc. defects.
9 The tenant provided brief details asking prices of similar modern flats locally which for similar accommodation appeared to show rents of between £1,100 to £1,200 pcm.
10 The landlord also provided brief details of asking prices of similar modern flats locally which for similar accommodation appears to show rents of between £1,150 to £1,200 pcm on the estate for 2 bedroom flats and £1,400 pcm elsewhere The landlord had offered a concession by staging the rent increase: £1,075 pcm from 27 December 2025; and limiting the rise onwards to £1,150 pcm from 27 April 2026.
3
11 The Tribunal is grateful for such information as was provided by both parties in the application and standard Reply Forms and separate representations.
Law
12 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.
Decision
13 From the Tribunal’s own general knowledge of market rent levels sought and obtained in and around Newbury, it determines that the [NAME] would let on normal Assured Shorthold Tenancy (AST) terms, for £1,200 per calendar month including any fixed service charge fully fitted and in good order.
14 From the representations it found that the [NAME] had suffered from a series of minor defects but, that these had at the valuation date been resolved by the landlord. However the [NAME] only has electrical storage heating, rather than central heating; the carpets and white goods were worn, for which the Tribunal makes an allowance of £150 pcm. The new rent will be therefore be £1,050 pcm.
15 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; however they may not charge more than these figures from their respective dates.
[NAME] 16 February 2026
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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).
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).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent at £1,050 PCM
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent Due to Property Repairs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Open-Market Rent for Property in Dartford
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
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 based on the open market value of the property.
- Adjustments should consider the specific condition of the property.
- Rent levels should reflect current market conditions.
- Rent increases must be reviewed by the First-tier Tribunal.
- Improvements made by the tenant can affect the fair market value.
❌ Tends to be rejected
- If the tenancy agreement includes a contractual rent review clause, the rent cannot be determined by the First-tier Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The new rent for an assured tenancy was set at £1,050 pcm.
Who was involved?
A tenant and a landlord were involved in the case.
How did the court decide, and why?
The Tribunal considered market rates and property condition to determine the rent.
Which laws or rules were applied?
Housing Act 1988 sections 13 and 14 were applied.
What was the argument that mattered most?
Market conditions and property condition were key factors in setting the new rent.
Was the decision for or against the person who brought the case?
The decision was partially in favour of the tenant, as the rent increase was lower than proposed.
What does this mean for someone in a similar situation?
Someone facing a rent increase can challenge it based on market rates and property condition.
What evidence or documents mattered?
Market rental information and details about the property's condition were important.
Can a decision like this be appealed?
Yes, an appeal to the Upper Tribunal is possible if there are legal grounds.
Is it worth getting a solicitor for a case like this?
It is advisable to seek advice from a qualified solicitor for such cases.
