AllowedFirst-tier Tribunal (Property Chamber)·30 May 2024

Tenant Wins Rent Adjustment After Improving Property

Case No.

📌 In brief

In this case, the First-tier Tribunal decided to adjust the rent after considering the improvements made by the tenant to the property. The new rent will be £1225 per month.

⚖️ Legal holding

A tenant is entitled to a rent adjustment based on improvements made to the property.

Topics

rent adjustmentimprovements to property

Provisions

Housing Act 1988 s.13 Housing Act 1988 s.14

📖 What the law says

Housing Act 1988 s.14

This section 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 at which the dwelling house might reasonably be expected to be let in the open market by a willing landlord.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The Tribunal adjusted the proposed rent after considering improvements made by the tenant.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined a new rent of £1225 per calendar month after considering improvements made by the tenant to the property.

📚 Full judgment Official document

OUTCOME: Allowed

Case Reference

: LON/OOBK/MNR/2024/0043

Property : 106 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [COMPANY] of Objection : 16th January 2024

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal

: Judge Shepherd Richard Waterhouse FRICS

Date of Summary

16th May 2024 Reasons

_______________________________________________

DECISION

The Tribunal determines a rent of £1225 per calendar month with effect from 16/2/24. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

SUMMARY REASONS

Background 1. On 11th January 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1643.59 in place of the existing rent of £1494.17 per calendar month to take effect from 16th February 2024.

2. On 16th January 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. The Tenant’s referral was received by the Tribunal on 17th January 2024.

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. There were no written submissions from the parties.

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 good tenantable condition is £1850 pcm. From this level of rent we have made adjustments in relation to:

List the issues that have resulted in any adjustments to the rent.

The original bathroom dated from the 1940’s, the tenant had refitted a new bathroom. The kitchen also dated from the 1940’s and the tenant had provided a new kitchen. The tenant also upgraded the internal doors and decorated the premises.

6. The full valuation is shown below:

£1850Market rent

Less £625 for adjustments.

Equals £1225 pcm

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 £1225 pcm

3 9. The Tribunal directs the new rent of £1225 to take effect on 16th February 2024 This being the date as set out in the Landlord’s Notice of Increase.

Chairman: Judge Shepherd

16th May 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BK/MNR/2024/0043

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]

Judge Shepherd R Waterhouse FRICS

Landlord [COMPANY] NE1 4J

[NAME] [APPELLANT]

1. The rent is: £ £1225.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 16 February 2024

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 15/12/1998

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Landlord external , tenant internal

8. Furniture provided by landlord or superior landlord none

9. Description of premises 2nd floor three-bedroom flat, with kitchen, bathroom /WC and living room.

Chairman Judge Shepherd Date of Decision 16th May 2024

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed12 cases

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 was entitled to a rent adjustment because they refitted the original 1940s bathroom.
The tenant was entitled to a rent adjustment because they provided a new kitchen, replacing the original 1940s one.
The tenant was entitled to a rent adjustment because they upgraded the internal doors.
The tenant was entitled to a rent adjustment because they decorated the premises.
The Tribunal determined a new rent of £1225 per calendar month.

❌ Tends to be rejected

The landlord's proposed new rent of £1643.59 was not accepted.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The Tribunal decided to adjust the rent to £1225 per month.

Who was involved?

The tenant and the landlord were involved.

How did the court decide, and why?

The court decided based on the improvements made by the tenant to the property.

Which laws or rules were applied?

Sections 13 and 14 of the Housing Act 1988 were applied.

What was the argument that mattered most?

The argument that mattered most was the improvements made by the tenant to the property.

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 negotiate a lower rent if they have made significant improvements to their property.

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 one party disagrees with the outcome.

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.

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.