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AllowedFirst-tier Tribunal (Property Chamber)·

Rent Determination for Assured Tenancy - First-tier Tribunal Decision

Case No.

📌 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.

Topics

tenancy disputesrent determination

Provisions

📖 What the law says

Housing Act 1988 s.14

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:

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.

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.