Rent Determination for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal decided on a new rent for an assured periodic tenancy. They considered the condition of the property at the time of the notice and recent improvements made by the landlord to determine a fair rent of £750.00 per month.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment based on the property's condition at the time of the notice.
📖 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. If a landlord proposes a new rent in a notice, the tenant can also apply to the tribunal to challenge this new rent. The tribunal then determines a fair rent based on what a willing landlord might expect to receive for letting the property in the open market, considering the periodic nature of the tenancy and the terms agreed upon.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal determined a new rent for an assured periodic tenancy under the Housing Act 1988.
📜 Headnote Official document
The tribunal determined a new rent of £750.00 per month for an assured periodic tenancy under the Housing Act 1988. The decision was based on the property's condition at the time of the notice, taking into account recent improvements made by the landlord.
📚 Full judgment Official document
OUTCOME: Dismissed
MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/OOBJ/MNR/2025.0834
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], [ADDRESS], London SW17 [NAME] [NAME]
Landlord Mr [APPELLANT]
Tenant Mr [APPELLANT]
1. The rent is: £ 750.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1 June 2025
*3. The amount included for services is/is
negligible/not applicable n/a Per n/a
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 1 May 2016
6. Length of the term or rental period 12 months
7. Allocation of liability for repairs Landlord external structural
8. Furniture provided by landlord or superior landlord Bed
9. Description of premises One room within shared flat access to bathroom, and shared kitchen/dinner.
[NAME] of Decision 30 October 2025
1
Case Reference
: HS/LON/OOBJ/MNR/2025/0834
Property : [ADDRESS], [POSTCODE]
Tenant
: Mr [APPELLANT]
Landlord : Mr [APPELLANT] of Objection : 23 May 2025
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: [NAME] [NAME] of Full Reasons : 30 October 2025
© CROWN COPYRIGHT 2025
_______________________________________________
DECISION
The Tribunal determines a rent of £750.00 per month to be paid from 1 June 2025 under the Housing Act 1988 section 13. ____________________________________
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 Full Reasons
Background
1. On 30 April 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £750.00 per month in place of the existing rent of £550.00 per month to take effect from 1 June 2025.
2. An application dated 23 May 2025 was made 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.
3. The application was accompanied by the Notice of Increase of Rent and, an unsigned copy of the tenancy agreement which was initially commenced on 1 February 2024 for 6 months for a rent of £2340 per month. There was also a copy of an agreement for the tenant's room dating from 1 May 2016 at an initial rent of £485.00 per month.
4. Directions were issued to the parties on 24 July 2025.
Inspection
5. The Tribunal did inspect the property on the same day as the hearing and found the flat to be contained in what may have been local authority block. The flat within which the subject rent is located is accessed by communal stairs. The flat has four letting rooms, two of which were vacant and a third was occupied at the time of inspection. The flat is in good condition, the doors to the rooms have been recently replaced and have fire closers, the fire closer to the tenant's room closes the door slightly fast causing a noise upon the door shutting. The flat has a communal living room. There are a communal bathroom and separate WC. Finally, there is a kitchen which contains the landlord's white goods and is a reasonable size given the number of letting rooms. The tenant's room is not small but not excessively large and contains a broken double bed. There are two sets of double sockets. The tenants are responsible for their utility bills and council tax.
Hearing
6. Present at the hearing were; the applicant Mr [APPELLANT] and for the respondent Mr [APPELLANT].
Preliminary matters
7. The papers contained a copy of an unsigned tenancy for the whole flat at a rent of £2340 per month. Also, a copy of a tenancy signed for the tenant's room, the subject room dating from 1 May 2016. The tribunal were informed the tenancy for the whole property was a tenancy the landlord had hoped to have signed by four tenants. The tribunal heard that a number had not wished to sign the tenancy and so the preexisting tenancies for each room continued. The tribunal found it is determining the rent for one rent in [ADDRESS] on the basis of the Notice of Increase of rent dated 30 April 2025.
3 [NAME]
8. The [NAME] provided several documents to the tribunal including a completed Reply Forms, one dated 25 August 2025.
9. The Reply Form notes, the property comprises a living room, kitchen, three bedrooms and a bathroom. The Reply Form describes the property, including mould and disrepair issues. The Reply Form notes the property is centrally heated and has curtains and carpets, additionally there is a communal garden. The tenant lists no improvements carried out by them. In terms of disrepair the tenant describes it as “too long to enumerate. "A copy of email dialogue between tenant and landlord concerning potential inspection and repair.
10. The tenant noted that subsequent to the objection of the new rent to the tribunal, the landlord during August and September 2025 undertook a number of changes to the property. These included changing the cupboard doors in the kitchen, replacement of dining room table and chairs, a new sofa and new internal doors with closers. The tribunal heard that the initial rent at the grant of the tenancy 1May 2016 was £485, then this increased to £550 in 2018.
[NAME]
11. The [NAME] completed a Reply Form. The Reply Form notes the internal accommodation in terms of size and rent specifically demanded of each bedroom; bedroom 30.56% of bedroom space in the flat, bedroom 2 31.18% and a rent requested of £ 750.00, bedroom 3 19.96% and rent requested £650 per month, bedroom 4 19.96% and a rent requested of £ 650.00 The property is described as in good condition. The Form notes the landlord provided central heating, double glazing, carpets and curtains and finally white goods. The landlord considers rent of the whole flat to be between 2800 and £3000 per month.
12. A document titled “Response to Charles Initial and Revised Tribunal Forms” the contents of which are noted. The landlord felt that as a room the rent could be in the range of £800 to £850.00 per month excluding bills
Analysis and Valuation
13. The Notice of Increase dated 30 April 2025 proposes an increase to £750.00 per month from £550.00 from 1 June 2025.The market for rooms is not a direct division of potential rent for the flat division by the number of lettable rooms. The tribunal heard from the landlord that the rent that could be obtained for the room could be between £800.00 and £850.00. The tenant asserted the condition pre recent improvements should form the basis of the determination.
14. The tribunal finds the condition of the property at the date of Notice, the pre improved condition is the condition the tribunal should assess the rent against.
4
15. The tribunal consider the rental evidence provided by the parties and using its wider knowledge, the tribunal considers £850.oo per month is attainable. The tribunal deducts £100.oo per month from this to reflect the pre improved condition.
Undue Hardship 16. No submissions were received relating to undue hardship. Decision 17. The Tribunal determines £ 750.00 per month from 1 June 2025 in accordance with section 13 of the Housing Act 1988 Chairman: [NAME]: 30 October 2025
Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Under Housing Act 1988
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Rent Reduction Due to Property Condition
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) Market Rent Determination for a Flat with Tenant Improvements
- First-tier Tribunal (Property Chamber) Tenant Wins Lower Rent Due to Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Property Based on Comparable Prope…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £910 for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Periodic 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 tenant's improvements are considered during the rent setting process.
- The property's condition is assessed against contemporary standards.
- The rent is adjusted based on the actual condition of the property.
- The tenant is entitled to a fair market rent under the Housing Act 1988.
- The rent determination reflects current market conditions.
❌ Tends to be rejected
- The rent requested does not align with comparable properties in the locality.
- The rent requested exceeds what is reasonable for the property's condition.
- The rent determination does not consider the property's condition adequately.
- The requested rent is higher than what is justified by the property's state.
- The rent requested is not supported by the evidence of the property's condition.
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 of £750.00 per month for an assured periodic tenancy.
Who was involved?
The tenant and the landlord were involved in the case.
How did the court decide, and why?
The court decided based on the property's condition at the time of the notice and recent improvements made by the landlord.
Which laws or rules were applied?
The Housing Act 1988 was applied to determine the rent.
What was the argument that mattered most?
The condition of the property at the time of the notice was the most important factor in determining the rent.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they understand the condition of the property at the time of the notice and any recent improvements made by the landlord.
What evidence or documents mattered?
Evidence such as the condition of the property and recent improvements made by the landlord were crucial.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal within 28 days.
Is it worth getting a solicitor for a case like this?
It is always recommended to get advice from a qualified solicitor for a case like this.
