Rent Determination for Assured Tenancy: Open Market Value Adjusted
📌 In brief
The Tribunal decided on a new rent of £1,600 per month for an assured periodic tenancy, considering the property's condition and local rental values.
⚖️ Legal holding
A tenant is entitled to a fair rent based on comparable properties, adjusted for specific conditions of the property in question, as seen in the determination of a market rent under the Housing Act 1988.
📖 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. The tribunal will then determine the rent based on what a willing landlord would charge for a similar property in the open market. The determination takes into account the condition of the property and disregards certain factors such as improvements made by the tenant or reductions due to non-compliance.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined a rent of £1,600 per month for an assured tenancy, adjusting for the lack of curtains and disrepair.
📜 Headnote Official document
The Tribunal determined a new rent of £1,600 per month for an assured periodic tenancy, adjusting the open market value for the property's condition.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/45UE/MNR/2024/0601
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 72 [ADDRESS] [POSTCODE]
[NAME] Mr [RESPONDENT]
Landlord [APPELLANT] 58 [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £ 1600.00 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 October 2024
3. The amount included for services is not applicable n/a Per n/a
4. Date assured tenancy commenced 19 September 2022
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs Landlord
7. Furniture provided by landlord or superior landlord
8. Description of premises 3-bedroom semi-detached house.
[NAME] of Decision 11 November 2024
© CROWN COPYRIGHT 2024
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/45UE/MNR/2024/0601 Property : 72 [ADDRESS] [POSTCODE] Applicant Tenant : Mr [COUNSEL] :
None
Respondent Landlord : [RESPONDENT] : [RESPONDENT] of Application :
Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members : Mr [NAME] Mr [NAME] I [NAME] of Application : 10th September 2024 Date of Decision :
11th November 2024
DECISION
The Tribunal determines a rent of £1,600 per calendar month with effect from 1st October 2024.
HAV/45UE/MNR/2024/0601
2
SUMMARY REASONS
Background 1. On 22nd August 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,680 per month in place of the existing rent of £1,450 per month to take effect from 1st October 2024.
2. On 10th September 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. Inspection 3. The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence
4. The Tribunal has considered the written submissions provided by the Parties. Determination and Valuation 5. Having considered the comparable evidence provided by the parties and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenable condition would be £1,650 per calendar month.
6. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.
7. In this case the property is not let in such condition with curtains supplied in all rooms, so some adjustments to the ‘open market rent’ are necessary. The Tribunal decided that an adjustment of £50 per month for the lack of some curtains and general disrepair.
8. The full valuation is shown below: Full open market rent in good condition £1,650 Less deductions
£50
____ TOTAL RENT PAYABLE PER MONTH
£1,600
HAV/45UE/MNR/2024/0601
3 9. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £1,600 per month.
10. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship.
11.
Accordingly, the Tribunal directed that the new rent of £1,600 per month should take effect from 1st October 2024 this being the date specified in the notice.
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 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:
- First-tier Tribunal (Property Chamber) Tribunal sets £461.60 rent for assured tenancy in Brixton
- First-tier Tribunal (Property Chamber) Tribunal Sets £720/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £1,100/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy Set by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tribunal sets £930/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £1,275/month rent for assured tenancy in Whitchurch
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Market Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Sets £850/Month Rent for Assured Tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal sets £1,150/month rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal Sets £880/month Rent for Assured Tenancy in Newcastle
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.
- The rent determination must be adjusted for the condition of the property.
- The rent determination should consider comparable evidence and local rental values.
- The rent determination should account for any tenant-provided fixtures or amenities.
- The rent determination must comply with the Housing Act 1988.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a monthly rent of £1,600 for the assured tenancy.
What was the dispute about?
The dispute was over the appropriate rent for the assured tenancy, given the property's condition.
How did the court decide, and why?
The court decided to set the rent at £1,600 per month, adjusting the market rate for the property's condition, including the lack of curtains and minor disrepair.
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 need to adjust the market rent based on the property's condition, including the lack of curtains and minor disrepair.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, setting the rent at £1,600 per month.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision suggests that the rent can be adjusted based on the specific conditions of the property.
What evidence or documents mattered?
The evidence and documents related to the property's condition and market comparables mattered.
