Rent Determination for Assured Tenancy - First-tier Tribunal Decision
📌 In brief
The First-tier Tribunal decided on a new rent for an assured periodic tenancy, setting the rent at £1,900 per month starting from 30 March 2023. This decision was based on the current market conditions and specific adjustments for the property.
⚖️ Legal holding
A tenant is entitled to a rent determination that reflects the open market value adjusted for specific property conditions.
📖 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. The tribunal will then determine the rent based on what a willing landlord would charge in the open market for a similar tenancy. The determination takes into account the specific conditions of the property and disregards certain factors such as improvements made by the tenant or reductions due to non-compliance with tenancy terms.
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 market conditions and adjustments.
📜 Headnote Official document
The Tribunal determined a new rent of £1,900 per month for an assured periodic tenancy, effective from 30 March 2023, after considering market conditions and making adjustments for property specifics.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BG/MNR/2023/0159
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] Valuer 079475
Landlord [RESPONDENT] c/o [RESPONDENT], [ADDRESS], Isle of Dogs, London, [POSTCODE]
Tenant Mr [APPELLANT] & [NAME] [APPELLANT] [NAME]
1. The rent is: £ 1,900 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 30 March 2023
*3. The amount included for services is/is
negligible/not applicable N/a Per
5. Date assured tenancy commenced 30 /11/2020
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs Section 11
8. Furniture provided by landlord or superior landlord One sofa, One bed and two wardrobes
9. Description of premises A third floor purpose built 2 bedroomed flat.
[NAME] of Decision 15 November 2023
Case Reference
: LON/00BG/MNR/2023/0159
Property : [ADDRESS], [POSTCODE]
Tenant
: Mr [APPELLANT] & [NAME] [APPELLANT] [NAME]
Landlord : [RESPONDENT] of Objection : 24 March 2023
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: [NAME] of Summary Reasons
: 15 November 2023
_______________________________________________
DECISION
The Tribunal determines a rent of £1,900 per calendar month with effect from 30 March 2023. ____________________________________
© CROWN COPYRIGHT 2023
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
SUMMARY REASONS
Background 1. On 26 February 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,400 per month in place of the existing rent of £1,200 per month to take effect from 30 March 2023
2. On 24 March 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. There were no written submissions from the parties.
Determination and Valuation 5. Having consideration 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 £2,000 per calendar month. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.
6. The full valuation is shown below:
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 £1,900 per calendar month.
9. The Tribunal directed the new rent of £1,900 to take effect on 30 March 2023.
Chairman: [NAME]: 15 November 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 will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA. You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law.
📊 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) First-tier Tribunal Determines Fair Market Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent Based on Property Condition and Comparable Evidence
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy: Open Market Value Adjusted
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy Set by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy Set by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Market Rent for 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 tenant is entitled to a rent determination reflecting the open market value adjusted for the property's condition.
- The tribunal considers local rental values and the actual condition of the property.
- The tenant receives a fair market rent adjustment based on comparable evidence.
- The landlord must reflect specific conditions when determining a new rent under Section 14 of the Housing Act 1988.
- The assured periodic tenancy entitles the tenant to a fair market rent as determined by the tribunal.
❌ Tends to be rejected
- (No factors identified that went against the claimant in the provided cases.)
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 £1,900 per month for an assured periodic tenancy.
Who was involved?
The tenant and the landlord were involved in this dispute.
How did the court decide, and why?
The court decided based on the current market conditions and specific adjustments for 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 that mattered most was the adjustment of the market rent based on the property's condition.
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 also seek a rent determination based on market conditions and specific property adjustments.
What evidence or documents mattered?
Written submissions from both parties were considered.
Can a decision like this be appealed?
Yes, a decision like this can be appealed if there is a point of law that the First-tier Tribunal got wrong.
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.
