Rent Reduced Due to Mould Issues in Assured Tenancy Case
📌 In brief
In this case, the Tribunal reduced the proposed rent because of mould issues found in the property. The new rent of £372 per week started on 23 May 2024.
⚖️ Legal holding
A tenant is entitled to a rent adjustment if there are significant property defects.
📖 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 might reasonably expect to receive for letting the property in the open market.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal adjusted the proposed rent due to mould issues in the property.
📜 Headnote Official document
The Tribunal reduced the proposed rent due to mould issues in the property. The decision took effect on 23 May 2024.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AJ/MNR/2024/0004
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 15 [ADDRESS], [POSTCODE]
[NAME] Mr [RESPONDENT]
[RESPONDENT] 3 [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT] & Ms [APPELLANT] [NAME]
1. The rent is: £ 372.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 23 May 2024
*3. The amount included for services is not applicable 0.00 Per
*4. Service charges are variable and are not included N/A
5. Date assured tenancy commenced 1 January 2023
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs Landlord. Tenant to take reasonable care of interior
8. Furniture provided by landlord or superior landlord None
9. Description of premises A 2-bedroom purpose built flat in a municipal block probably dating from around 1920. 2 double bedrooms, living room, kitchen, bathroom/ WC, gas central heating , double glazing
[NAME] of Decision 9 June 2024
1
Case Reference
: TR/LON/00AJ/MNR/2024/0004
Property : 15 [ADDRESS], [POSTCODE]
Tenant
: Mr [APPELLANT] and Ms [APPELLANT] [NAME]
Landlord : [RESPONDENT] of Objection : 4 December 2023
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: Mr [NAME]
Mr [NAME] of Summary Reasons
: 9 June 2024
_______________________________________________
DECISION
The Tribunal determines a rent of £372 per week with effect from 23 May 2024 ____________________________________
© CROWN COPYRIGHT 2023
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2 SUMMARY REASONS
Background 1. On 7 November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 415.38 in place of the existing rent of £ 334.62 per week to take effect from 1 January 2024.
2. On 4 December 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 has carried out an inspection of the property on 23 May 2024.
Evidence 4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord.
Determination and Valuation 5. Having consideration of the comparable evidence provided 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 good condition would be in the region of £1,700 per calendar month which is equivalent to £392.34 per week. From this level of rent we have made adjustments in relation to:
Mould in the main bedroom, bathroom and loose ceiling roses
6. The full valuation is shown below:
per week Market Rent
£392
Less Mould to internal wall in main bedroom, bathroom and loose ceiling roses
) approx. 5 %
£20
£372
7. The Tribunal therefore determines a rent of £372 per week.
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 £372 per week.
3
9. The Tribunal directs the new rent of 372 per week to take effect on 23 May 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.
Chairman: [NAME]: 9 June 2024
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.
📊 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 Adjusts Rent for Furnished Flat Based on Condition
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Due to Property Defects
- First-tier Tribunal (Property Chamber) Tenant Wins Rent Adjustment Due to Property Issues
- First-tier Tribunal (Property Chamber) Tenant Entitled to Adjusted Rent After Property Condition Consideration
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent at £250 per Week for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New 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 tenant is entitled to a fair market rent for their assured periodic tenancy.
- The tenant is entitled to a fair market rent adjusted for the condition of the property.
- The tenant is entitled to a rent adjustment due to property defects.
- The tenant is entitled to a fair adjustment of the proposed rent based on the property's condition and market conditions.
- The tenant is entitled to a rent adjustment if the property is in poor condition.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided to reduce the proposed rent due to mould issues in the property.
Who was involved?
The case involved a tenant and a landlord.
How did the court decide, and why?
The court decided to adjust the rent downwards because of significant mould issues affecting the property's habitability.
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 presence of significant mould issues in the property.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may also be able to get their rent adjusted if there are significant property defects.
What evidence or documents mattered?
Evidence of the mould issues in the property was crucial.
Can a decision like this be appealed?
Yes, decisions like this can be appealed, but the process and grounds for appeal vary.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for such cases.
