First-tier Tribunal Sets New Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal set a new rent for an assured tenancy by comparing similar properties in the area and considering the condition and location of the rented home. The final rent was determined to be £1,700 per month.
⚖️ Legal holding
A tenant is entitled to a rent determination that reflects the open market value of their a person, adjusted for relevant factors such as location and condition.
📖 What the law says
This section 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 open-market rent, considering the reasonable expectation of what a willing landlord would charge for a similar tenancy.
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 comparables, adjusting for specific a person features.
📜 Headnote Official document
The First-tier Tribunal determined the new rent for an assured tenancy based on market comparables and property conditions, adjusting for specific factors affecting value. The decision reflects the open market value of the property.
📚 Full judgment Official document
OUTCOME: Allowed in Part
© CROWN COPYRIGHT 2013
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/00MX/MNR/2025/0799 Property : [ADDRESS] Buzzard Beds [POSTCODE]
Applicants : [redacted] Representative : None Respondent :
[redacted]
Representative : None Type of Application : S.13 Housing Act 1988 Determination of a new rent Tribunal : Mr N. [NAME_3] Date and venue of Meeting : 9 February 2026 First Tier Tribunal (Eastern) [ADDRESS] [POSTCODE] Date of Decision : 9 February 2026
REASONS FOR DECISION
Background
1 The First Tier Tribunal received an application form dated 15 November 2025 from the tenant of the Property, regarding a notice of increase of rent dated 16 October 2025 served by the landlord, under S.13 of the Housing Act 1988 (the Act).
2 2 The notice proposed a new rent of £1625 per calendar month exclusive, with effect from and including 1 December 2025 in place of the passing rent of £1525 pcm. This rent does not include other services.
3 The tenancy is now an assured periodic calendar monthly tenancy which originally began for a fixed term, copy provided.
Directions
4 Directions for the progression of the case, were issued on 24 November 2025 by [NAME_4]. Neither party requested a hearing. The Tribunal does not routinely inspect properties.
Inspection
5 There was no inspection. The Property is a 2 level semi-detached house dating from the 1960’s with front and rear gardens. (The property is not covered by Google Streetview). It is set away from the public highway, on part of a private rural estate. It appears to be a former estate worker’s cottage, now let privately on the open market by the estate landlord. There are two other estate houses adjacent, one attached to the Property and another detached much older property.
6 Access to the Property is from a busy public ‘A Class’ road, some 90m away down a private single estate track. It serves all 3 homes. The Property has a single car garage to the side, 2 car spaces in its drive and may use the front lawn garden for additional occasional parking. There is potentially space to park 4 vehicles off the road access.
7 The house is anticipated to be of traditional construction, brick fair faced walls to the external elevations, the small 2 storey front bay wall being plain tile hung to the first floor. There is a double pitched plain tile main roof. The garage has a low mono-pitch roof of sheet material.
8 The Property has 3 bedrooms to the first floor, with bathroom/wc; to the ground floor is a living room, dining room, kitchen, wc utility. There is full central heating and double glazing. The fitted floor finishes, (mainly carpet) are generally the landlords. Window coverings are the tenants. Built in ‘white goods’ – cooker hob hood, are provided by the landlord; fridge freezer, washing machine etc by the tenant. There is no furniture from the landlord.
9 On lease grant the garden was featureless. The tenant, though under no obligation, has done more than make good, with some significant improvements and additions. Any value of these, is to be ignored.
Tenants’ and Landlord’s Representations
10 The representations are extensive. There is no single bundle and no consistent page numbering. The whole file extends to over 200 sides of
3 A4 even allowing for some repetition of material. It is not obvious which party has provided some of the documents.
11 The tenant’s Application Form and standard Reply Form sets out basic information on the Property. There are 3No. series of monochrome photographs:
12 Photographs 1. ‘Schedule of Condition’ April 2020 presumably prepared by the landlord on lease grant. The photographs about 100No. (4No. per A4 sheet) are titled but, the typeface is illegibly small. About 85No. show the interior of the building, about 15No. show the garden. The house though modernised appears uncarpeted, functional. The garden shows an open space with little other than grass and bare patches of ground apparently following tree removal prior to letting.
13 Photographs 2. ‘Summary of Garden Improvements’ carried out by the tenant, presumably prepared recently by the tenant in some 11No. monochrome photographs. There are no titles or numbers. The tenant has added domestic greenhouses and the garden now appears kempt, in accordance with the requirements of the lease.
14 Photographs 3. ‘Property and Exterior Condition Report’ presumably prepared recently by the tenant, showing the building exterior, the interior and the garden in some 70No. odd monochrome photographs. There are no titles or numbers. They show the property in good condition, now furnished by the tenant internally, with some pictures of the exterior of the building, the garage roof trim and main door in particular appear in poor condition.
15 The landlord provided a letter of 16 January 2026 incorporating 3 columns: 1. Document reference. 2. Tenant Comment. 3. Landlord Response. They raise 6No. items in all, about the Property:
16 1. Lack of communal parking at the Property. The tenant says that they have only 2 spaces and has to use the front lawn or park a long distance away at work. The landlord says that the Property is in sole occupancy. A second space has already been provided by the landlord on grant and that there is now sufficient.
17 2. Condition of the trackway to the Property. The tenant says it is in poor repair with potholes. The landlord says its condition is being addressed.
18 3. Nuisance from neighbour and record keeping. The tenant is affected by a noisy neighbour but is encouraged to record events to assist the landlord with action. The tenant finds record keeping burdensome. The landlord says neighbour behaviour is being addressed.
19 4. Nuisance from neighbours dog and children. The tenant is affected by a barking, free roaming dog and noisy children. The
4 landlord says its being addressed. In effect its part and parcel of living in a family home adjoining another family home. It’s no different than might be anticipated with any comparable home in town or country.
20 5. Local rental Market Summary. This is dealt with below.
21 6. Tenants Improvements. As shown in the lengthy photographic schedule. The landlord maintains these works were carried out voluntarily by the tenant, not as a condition of grant and some new structures were placed without landlords consent. The garden here is said to be similar to those at the landlord’s comparables.
22 The tenant has provided a document headed ‘Local Rental Market Summary’. It appears in two places. Unfortunately one version only provides a weblink, there is no address, nor approximate date of posting and/or transaction; no details of rent sought and/or obtained. As the Directions page 3 paragraph 2 state (under the page 2 heading “If you are the Tenant”…) “If you wish to rely on rentals for similar properties, please provide details.” The Tribunal does not look at weblinks to assemble a party’s case and whilst the schedule could have included these basic details; it did not. However there is also a later presumably original version of the ‘Local Rental Market Summary’ in the case file which provides more detail of the tenants comparables. They are not numbered. The Tribunal has looked at the semi-detached and terraced homes among them via Google streetview, subject to other details the tenant has provided:
23 1. [ADDRESS], 1930’s street properties, mid terraced 3 bedroom, houses in an urban estate location, Leighton, one was let September 2025 at £1650 pcm.
24 2. [ADDRESS], a post 2000 street properties, mid terraced, 3 bedroom, houses in an urban estate location, one was let November 2025 at £1650 pcm.
25 3. [ADDRESS], 1980’s end terraced 4 bedroom houses, an urban estate location, one was let November 2025 at £1650 pcm.
26 The landlord has provided a schedule of comparable lettings. Part 1 of 10No. rural estate properties on offer or let: Part 2 of some 5No. non rural estate properties on offer or let. Some of the rural estate properties are older, larger, detached compared with this relatively modern semi detached home. Here the Tribunal has had particular regard to rural estate properties which are semi-detached, being otherwise in similar rural settings to the Property.
27 1. 2 [NAME_6] – although much older (which has its benefits and disadvantages) it is only slightly larger, let January 2026 at £1750 pcm: The tenant adds, it’s ‘period’ and its price was actually dropped to and let at £1650 pcm, larger, not on a main road, no neighbour nuisance, refurbished prior to listing.
5
28 2. 1 [NAME_6], only slightly older, same size, let November 2025 also at £1750 pcm: Tenant adds, its larger, no garage but has an outbuilding, not on a main road, no neighbour nuisance, larger garden.
29 3. 1 [NAME_6] again older, larger but also semi detached let April 2025 also at £1750 pcm: Tenant adds that it’s a period property, undergoing redecoration, larger, no neighbour nuisance, larger garden.
30 4. 2 [NAME_6] slightly older, same size, no garage, let April 2025 also at £1750 pcm: Tenant adds that its larger, being redecorated, large garden, two outbuildings, not on a main road, no neighbour nuisance.
31 5. 5 [NAME_6] similar age, slightly smaller, no garage let March 2025 at £1750 pcm. Tenant adds that it was let February 2025, period, being redecorated, maintained garden, driveway for 2-3 cars, more space, not near a main road, no neighbour nuisance.
Law
32 In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the property 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 Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition.
Decision
33 From the Tribunal’s own general knowledge of market rent levels in rural Bedfordshire; with the two sets of comparables, in particular the smaller attached rural estate properties from the landlord, rather than the urban estate properties from the tenant; it determines that the subject Property would let on normal Assured Shorthold Tenancy (AST) terms, for £1,750 per calendar month towards the end of 2025, fully fitted and in good order.
34 From the representations as to condition and locality the Tribunal found these to be factors that might be common to all housing – neighbour nuisance, road disrepair, restricted parking. Those prevailing at the Property were not unusual. However compared with most of the other rural estate homes, the Property was near to and accessed from a relatively busy main road for which the Tribunal makes a modest deduction of £50 pcm. The work that the tenant had carried out to the garden was clearly an improvement on the condition at grant but, the work was not a requirement. A tenant might equally take no interest in the garden and find its size a burden rather than of benefit. The adjusted market rent is therefore £1,700 pcm.
6
35 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_3] Date 9 February 2026
Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property 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) (Property 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 property, 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 for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent at £1,050 PCM
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market 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 at £1,000 for Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Service Charge Liability
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent Due to Property Repairs
- 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 at £980 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy Property
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 Tribunal used its general knowledge of market rent levels in rural Bedfordshire to determine the rent.
- The Tribunal considered the smaller attached rural properties provided by the landlord as more relevant comparables.
- The property's proximity to a busy main road warranted a modest deduction in rent.
- The tenant's garden improvements were ignored because they were not a requirement and a tenant might not value them.
❌ Tends to be rejected
- The tenant's argument about neighbour nuisance, road disrepair, and restricted parking was rejected as common to all housing.
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 rent for an assured tenancy based on market comparables.
Who was involved?
A tenant and their landlord were involved in the dispute over rent increase.
How did the court decide, and why?
The court decided by comparing similar properties and adjusting for specific factors like location and condition.
Which laws or rules were applied?
Housing Act 1988 sections 13 and 14 were applied to determine the rent.
What was the argument that mattered most?
The comparables provided by both parties influenced the decision on market value.
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 proposed but higher than initially paid.
What does this mean for someone in a similar situation?
Someone facing a rent increase should gather comparables and evidence about property condition to support their case.
What evidence or documents mattered?
Photographs of the property, rental market summaries, and comparable properties were important.
Can a decision like this be appealed?
Yes, an appeal can be made within 28 days if there are grounds based on law.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.
