Market Rent Determination for Assured Tenancy
📌 In brief
The First-tier Tribunal decided on a new rent for an assured periodic tenancy. The new rent is £1100 per month, effective from August 5, 2023, after considering 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.
📖 What the law says
Under this section, a tenant with an assured tenancy can apply to a tribunal to challenge the rent they are paying. The tribunal will then decide the open-market rent based on what a willing landlord would charge for a similar property under an assured tenancy. The new rent must align with the original tenancy terms except for the rent amount itself.
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 Tribunal determined a new market rent of £1100 per calendar month for an assured periodic tenancy, effective from 5 August 2023, 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. JM/LON/00AD/MNR/2023/0273
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 64 [ADDRESS], [POSTCODE]
[NAME]
Landlord [NAME] ([NAME]) [ADDRESS] , [POSTCODE]
Tenant Miss [APPELLANT]
1. The rent is: £ 1100.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 05 August 2023
*3. The amount included for services is/is
negligible/not applicable 0.00 Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 5 August 20222
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs As per agreement SS 11 and 12 of the Landlord and Tenant Act 1985 apply
8. Furniture provided by landlord or superior landlord None
9. Description of premises 5th floor modern 1 bedroom flat
[NAME] of Decision 31 August 2023
1
Case Reference
: LON/00AD/MNR/2023/0273
Property : 64 [ADDRESS], [POSTCODE]
Tenant
: [APPELLANT]
Landlord : [APPELLANT] represented by [RESPONDENT] of Objection : 16 June 2023
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: Mr [NAME]
Date of Summary Reasons
: 31 August 2023
_______________________________________________
DECISION
The Tribunal determines a rent of £1,100 per calendar month with effect from 5 August 2023. ____________________________________
© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2
SUMMARY REASONS
Background 1. On 10 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1100 per month in place of the existing rent of £950 per month to take effect from 5 August 2023.
2. On 16 June 2023 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.
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 consideration of the written submissions provided by the Landlord. There were no written submissions from the tenant.
Determination and Valuation 5. Having consideration of the comparable evidence proved by the parties and of 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 £1100 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 was £1100 per calendar month.
9. The Tribunal directed the new rent of £1100 per month to take effect on 5 August 2023 this being the date as set out in the Landlord’s Notice of Increase.
Chairman: [NAME]: 31 August 2023
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
3 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) Market Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent of £1050 for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent of £900 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 Sets New Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy Dispute
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets 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
- The landlord's proposed new rent of £1100 per month was accepted by the Tribunal.
- The Tribunal used comparable evidence and its own expert knowledge to assess the market rent.
- The new rent was set to take effect from the date specified in the landlord's notice.
- The property was described as a 5th floor modern 1 bedroom flat.
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 £1100 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, as supported by 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 evidence showing the open market rent for similar properties in the area.
Was the decision for or against the person who brought the case?
The decision was for the person 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 the landlord and comparable evidence were important.
Can a decision like this be appealed?
Yes, decisions like this can be appealed, but the details are usually found in the full reasons document.
Is it worth getting a solicitor for a case like this?
It is always recommended to get advice from a qualified solicitor for such cases.
