Southend Tribunal Sets Market Rent for Assured Tenancy
📌 In brief
In this case, the First-tier Tribunal decided on the fair rental price for a a person based on market conditions. The tenant argued that the proposed rent was too high compared to similar properties in the area. After considering evidence from both sides, the tribunal set the new rent at £1200 per month.
⚖️ Legal holding
A tenant is entitled to have their rent set at market value under Section 14 of the Housing Act 1988.
📖 What the law says
Under this section, a tenant can apply to a tribunal to challenge the rent payable under their assured tenancy. The tribunal will then determine the open-market rent, considering the terms of the existing tenancy and disregarding certain factors like improvements made by the tenant.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy in Southend, Essex.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined that the market rent for a two-bedroom flat in Southend, Essex, should be set at £1200 per calendar month under Section 14 of the Housing Act 1988.
📚 Full judgment Official document
OUTCOME: Allowed in Part
© CROWN COPYRIGHT 2013
FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : CAM/00KF/MNR/2026/0019 [NAME] : 14 [ADDRESS] [POSTCODE]
Applicant : [redacted] Representative : None Respondent : [redacted] Representative : [COUNSEL] of Application : S.13 Housing Act 1988 Determination of a new rent Tribunal Members : Mr [NAME]. [NAME] and venue of Meeting : 7 April 2026 First Tier Tribunal (Eastern) [ADDRESS] [POSTCODE] Date of Decision : 7 April 2026
REASONS FOR DECISION
Background
1 The First Tier Tribunal received an application dated 31 January 2026 before the effective start date of the new rent sought, from [NAME], regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).
2 2 The notice, dated 21 January 2026, proposed a new rent of £1200 per calendar month from and including 17 March 2026. This rent does not include other services.
3 The tenancy is an assured periodic calendar monthly tenancy succeeding an earlier fixed term lease, with effect from and including 17 July 2020. A copy was provided.
4 The rent payable from up to and including 16 March 2026 was said to be £1000 per calendar month.
Directions
5 Directions, dated 24 February 2025 for the progression of the case, were issued by the Legal Officer to deal with the hearing sought.
Inspection
6 There was no inspection. The [NAME] is a two bedroom, one bathroom flat with kitchen/ living room. It is on the third floor of a converted (c.2010) former 1990’s purpose built office block on 4 levels of residential flats and car parking. (Google Streetview June 2024).
7 The building within which the [NAME] is located is finished to brick, steel and glass/ steel finishes, gas fired central heating and double glazing. The main building has a flat roof.
Tenant Representations
8 The tenant provided written submissions via the new Application Form ‘Rents 1B’ (21.2.2026) reply to the new Landlords Form “Rents 1A”. The tenant made general observations about economic prices and wages and the effects that had on the local community. The tenant had to move “north” where rents were £400-500 cheaper for the equivalent.
9 The tenant included some 10No. monochrome photographs of the exterior of the building and interior of the [NAME]. They did not provide details of asking or let rental prices of similar flats locally.
Landlord’s Representations
10 The Tribunal received the Landlords Form (16.2.2026) “Rents 1A”Reply Form completed by the landlord. There had been a 40% rise in the rent from 2020 at £850 pcm but had been over 6 years. The building has communal lift, internal cleaning to shared areas, external to windows, communal power and light and recreational area, the cost of which is included within the rent.
11 The landlord presented some broad conclusions of average rents for 2 bedroom flats locally over a sample of 12No. flats and found these to be some £1250 pcm. The landlord also provided 5No. basic details of
3 similar flats available or recently let in this part of Central Southend mainly being in other converted former office blocks or former low rise older houses, providing similar modern accommodation. Two of these had been let recently others were available.
12 The other flats included converted offices at: Victoria Ave. a 6th floor flat in a converted former office: A private balcony, two beds, bathroom/wc, kitchen, living room, private parking available at £1375 pcm. Station Ave., two beds, two bathroom/wc, living room/ kitchen, private parking available at £1200 pcm. Baxter Ave, another converted former office block (near the subject) – two beds, two bathrooms, parking, balcony available at £1500 pcm.
13 In addition the landlord referred to older converted late C19th terraced houses including in: [ADDRESS], two beds, bathroom/wc, lving room, kitchen, shared garden, off street parking available at £1200 pcm. And in [ADDRESS], (but no further details).
14 The Tribunal is grateful for such information as was provided by both parties in the Forms.
Law
15 In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the [NAME] falls to be valued as it stands; but assuming that the [NAME] to be in a reasonable internal decorative condition.
Decision
16 From the Tribunal’s own general knowledge of market rent levels sought and obtained in and around Southend, it determines that the [NAME] would let on normal Assured Shorthold Tenancy (AST) terms, for £1,200 per calendar month including any fixed service charge fully fitted and in good order.
17 From the representations it found that the [NAME] did not suffer from any significant defects sufficient to affect the market rent. The Tribunal therefore leaves the base rent unchanged. The new rent will be therefore £1,200 pcm.
18 Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure from the effective date, 23 January 2026.
4 [NAME] 7 April 2026
Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.
If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.
Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rule 2013).
If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.
The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the [NAME], and the case number), state the grounds of appeal and state the result the party making the application is seeking.
If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent at £1,050 PCM
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent at £800 PCM for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent at £1,950 PCM for Assured Tenancy in Tottenham
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 rent should be set at a reasonable market rate based on comparables and the condition of the property.
❌ Tends to be rejected
- The rent determination must consider the property's condition and adjust for any specific defects.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided on a fair rental price for an assured tenancy based on market conditions.
Who was involved?
A tenant and their landlord were involved in the dispute over rent increase.
How did the court decide, and why?
The court considered evidence from both parties to determine the market value of similar properties.
Which laws or rules were applied?
Section 14 of the Housing Act 1988 was used to set the rent at a fair market level.
What was the argument that mattered most?
The tenant argued that the proposed rent increase was too high compared to similar properties in the area.
Was the decision for or against the person who brought the case?
The decision was partially in favour of the tenant, as the new rent set by the tribunal was lower than initially proposed.
What does this mean for someone in a similar situation?
Someone facing a rent increase can seek help from the First-tier Tribunal to ensure their rent is fair based on market conditions.
What evidence or documents mattered?
Photographs and details of comparable properties were important in determining the new rent.
Can a decision like this be appealed?
Either party may appeal the decision within 28 days to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.
