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AllowedFirst-tier Tribunal (Property Chamber)·

Market Rent Determination for Assured Periodic Tenancy

Case No.

📌 In brief

The First-tier Tribunal decided on a new rent for a tenant's assured periodic tenancy. The new rent is £1285.00 per month, starting from July 1, 2024. The decision was based on the open 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 this section, a tenant can apply to a tribunal to challenge the rent payable under their assured tenancy. If the tenant receives a notice under Section 13(2) proposing a new rent, they can also apply to the tribunal to challenge this new rent. The tribunal will then determine the rent based on what a willing landlord would charge for a similar property in the open market.

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 (Property Chamber) determined a new market rent of £1285.00 per calendar month for an assured periodic tenancy, effective from 1 July 2024, following a notice under Section 13(2) of the Housing Act 1988.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. CHI/00HN/MNR/2024/0149

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] Mr [RESPONDENT] [NAME] Mr [RESPONDENT]

Landlord [RESPONDENT], [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £ £1285.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 July 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 26 July 2019

5. Length of the term or rental period 6 months

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord n/a

8. Description of premises 2 bedroom flat on seventh floor of a purpose-built block.

[NAME] of Decision 19 August 2024

1

Case Reference

: CHI/00HN/MNR/2024/0149

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] of Objection : 14 June 2024

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

Tribunal

: [NAME] [NAME] [NAME] of Summary Reasons

: 19 August 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1285.00 per calendar month with effect from 1 July 2024. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

© CROWN COPYRIGHT 2024

SUMMARY REASONS

Background 1. On 24 May 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1285.00 in place of the existing rent of £ 1150.00 per to take effect from 1 July 2024.

2. On 14 June 2024 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. The Tenant’s referral was received by the Tribunal on 14 June 2024.

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. The Tribunal has considered the written submissions provided by the Tenant and the Landlord. These stated the property is a two-bedroom seventh floor flat in a modern block of mixed units.

Determination and Valuation 5. Having considered the comparable evidence provided by the parties and 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 £1285.00 per calendar month.

6. The Tribunal determines a rent of £1285.00 per calendar month.

Decision 7. 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 £1285.00 per calendar month.

8. The Tribunal directs the new rent of £1285.00 per calendar month to take effect on 1 July 2024. This being the date as set out in the Landlord’s Notice of Increase.

APPEAL PROVISIONS

3 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 request for full reasons should be made within a month. 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 fair market rent for their assured periodic tenancy.
  • A Tribunal must determine a market rent for a property based on comparable rental values in the locality, ignoring personal circumstances of the parties.
  • A Tribunal must determine the rent at which a property might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy.
  • A tenant is entitled to have their rent determined according to the open market value of the property.
  • A tenant is entitled to a fair market rent determination under the Housing Act 1988.

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

❓ Frequently asked questions

What did this decision decide?

It decided on a new market rent of £1285.00 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, considering comparable evidence.

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 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 who brought the case.

What does this mean for someone in a similar situation?

Someone in a similar situation may also seek a determination of their rent based on the open market value.

What evidence or documents mattered?

Written submissions from both the tenant and the landlord were considered.

Can a decision like this be appealed?

Yes, decisions 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 recommended to get advice from a qualified solicitor for cases like this.

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.