First-tier Tribunal Sets New Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal decided on a new rent of £1,575 per month for an assured periodic tenancy. The decision was based on comparable rents and the condition of the property.
⚖️ Legal holding
A tenant is entitled to a fair rent determination based on the local rental market and property condition.
📖 What the law says
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 rent based on what a willing landlord might expect to receive for letting the property in the open market. This determination considers comparable rents and the condition of the property.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined a new rent for an assured periodic tenancy based on comparable rents and local market conditions.
📜 Headnote Official document
The Tribunal determined a new rent of £1,575 per month for an assured periodic tenancy, considering comparable rents and the property's condition. The decision took effect on 03 December 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AP/MNR/2023/0484
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 43B [ADDRESS], [POSTCODE]
Judge Simon Brilliant Mrs A Flynn MRICS
Landlord [NAME] 7 [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT] [NAME]
1. The rent is: £ 1,575 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 03 December 2023
*3. The amount included for services is not applicable
Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 03 December 2022
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs s.11 landlord and Tenant Act 1985
8. Furniture provided by landlord or superior landlord Some provided
9. Description of premises First floor flat, with kitchen and bathroom.
Chairman Simon Brilliant AF Date of Decision 29 May 2024
Case Reference
: LON/00AP/MNR/2023/0484
Property : [ADDRESS], London N17 6XJW32RJ
Tenant
: Mr and Mrs [APPELLANT]
Landlord : [RESPONDENT] [NAME] of Objection : 23 November 2023
Type of Application : Determination of a Market Rent section 22 of the Housing Act 1988
Tribunal
: Judge S Brilliant
Mrs A Flynn MRICS
Date of Summary Reasons
: 29 May 2024
_______________________________________________
DECISION
The Tribunal determines a rent of £1,575, per calendar month with effect from 03 December 2023. ____________________________________
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
© CROWN COPYRIGHT 2023
SUMMARY REASONS
Background
1. On 21 November 2023, the parties entered into a twelve month assured tenancy commencing 03 December 2022 at a rent of £1,430 per month.
2. On 23 November 2023, the Tenants applied under Section 13 of the Housing Act 1988.
Issues
3. The Tenants supplied comparables from £1,460 to £1,600 in the vicinity but not necessarily in the immediate vicinity. They also supplied photographs of internal disrepair.
4. The Landlord supplied let comparables from £1,750 to £1,800.
Inspection
5. The Tribunal was unable to inspect because of family illness.
Determination and Valuation
6. The Tribunal considered the comparables of both parties and also relied on its own expert knowledge of rental values in the area. We consider that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £1,575 per month.
Chairman: Simon Brilliant
Date: 29 May 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 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:
- First-tier Tribunal (Property Chamber) Tribunal Sets New Market Rent for Tenancy Agreement
- First-tier Tribunal (Property Chamber) Tenant Secures Lower Rent After Adjustments for Property Condition
- First-tier Tribunal (Property Chamber) Market Rent Determination for Split-Level Flat in London
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent of £1,600 for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent for Poor Condition Property
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent at £2,400 Per Month
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 determined a fair rent of £1,575 per calendar month for the property.
- The Tribunal considered comparable rental properties provided by both the tenants and the landlord.
- The Tribunal used its own expert knowledge of local rental values to determine the rent.
- The Tribunal considered the property's condition and amenities when setting the market rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a new rent of £1,575 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 comparable rents and the condition of the property.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The argument about comparable rents and the property's condition was most important.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation may seek a fair rent determination based on local market conditions.
What evidence or documents mattered?
Comparable rents and the condition of the property were important.
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 qualified solicitor for such cases.
