Tenant Secures Lower Rent After Adjustments for Property Condition
📌 In brief
In a recent case, a tenant successfully argued for a lower rent adjustment based on the condition of their rented property. The First-tier Tribunal considered factors such as the absence of central heating, carpets, and curtains, and decided on a fair market rent.
⚖️ Legal holding
A tenant is entitled to a fair market rent adjustment based on the property's condition and amenities.
📖 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 a fair market rent based on what a willing landlord would charge for the property in the open market, taking into account the property's condition and amenities.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal adjusted the proposed rent after considering the property's condition and amenities.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair market rent for a property, adjusting the proposed rent due to the lack of central heating, carpets, and curtains. The decision took effect on 1 December 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BJ/MNR/2023/0472
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] [NAME]
Landlord [NAME] C/O [APPELLANT], 13 [ADDRESS], [POSTCODE]
Tenant [NAME] [NAME]
1. The rent is: £ 1980 Per month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1 December 2023
*3. The amount included for services is/is
negligible/not applicable
Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 1 September 2022
6. Length of the term or rental period monthly
7. Allocation of liability for repairs S11-16 Landlord and Tenant Act 1985
8. Furniture provided by landlord or superior landlord 1 sofa, 1 cabinet, 1 dining table with 4 chairs, 2 wardrobes, 2 chest of drawers, 2 bedside tables, 1 king size bed.
9. Description of premises 2 bed converted flat without central heating carpets or curtains
[NAME] of Decision 13 March 2024
1
Case Reference
: LON/00BJ/MNR/2023/0472
Property : [ADDRESS], [POSTCODE]
Tenant
: [NAME] [NAME]
Landlord : [RESPONDENT] [NAME] of Objection : 11 November 2023
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: [NAME] [NAME] of Summary Reasons
: 13 March 2024
_______________________________________________
DECISION
The Tribunal determines a rent of £1980 per calendar month with effect from 1 December 2023. ____________________________________
© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
2
SUMMARY REASONS
Background 1. On 13 October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 2200.00 in place of the existing rent of £ 1975.00 per month to take effect from 1 December 2023.
2. On 11 November 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. The Tenant’s referral was received by the Tribunal on 11 November 2023.
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. The Tribunal has consideration of the written submissions provided by the Tenant and/the Landlord.
Determination and Valuation 5. Having consideration of the comparable evidence proved 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 the condition and with the amenities the market would expect would be in the region of £2200.00 per calendar month. From this level of rent we have made adjustments in relation to: Lack of central heating, carpets and curtains.
6. The full valuation is shown below:
PCM AST Market rent 2,200.00 £ less condition/terms 10.0% 220.00 -£ 1,980.00 £
7. The Tribunal determines a rent of £1980.00 per calendar month.
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 £1980.00 per calendar month.
9. The Tribunal directs the new rent of £1980.00 to take effect on 1 December 2023 This being the date as set out in the Landlord’s Notice of Increase.
Chairman: [NAME]: 13 March 2024
3
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) First-tier Tribunal Adjusts Market Rent for Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent for Tenants Based on Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Based on Property Conditions
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Tenancy Based on Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Market Rent for Property
- First-tier Tribunal (Property Chamber) Market Rent Adjustment for Tenancy Dispute - First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent of £1,800 for Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Due to Health and Safety Issues
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Due to Health and Safety Issues
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts 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 property's condition is taken into account for rent adjustment.
- Health and safety compliance issues affect the rent adjustment.
- Amenities provided in the property influence the rent adjustment.
- Fair market value is considered for determining the rent.
- Specific conditions of the property lead to a fair market rent adjustment.
❌ Tends to be rejected
- (No factors identified that went against the claimant in these cases.)
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 market rent for the property, adjusting the proposed rent based on the property's condition.
Who was involved?
The case involved a tenant and a landlord.
How did the court decide, and why?
The court decided to adjust the proposed rent after considering the property's condition and amenities.
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 condition of the property, including the lack of central heating, carpets, and curtains.
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 be able to argue for a lower rent adjustment based on the condition of their rented property.
What evidence or documents mattered?
Written submissions from both the tenant and the landlord were considered.
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 cases involving rent adjustments.
