AllowedFirst-tier Tribunal (Property Chamber)·20 January 2025

Tribunal Adjusts Rent to £1,800 After Considering Property Condition

Case No.

📌 In brief

In a recent case, the First-tier Tribunal adjusted the rent for a terraced house to £1,800 per month after considering the property's condition and comparing it to similar properties in the area. The decision was made by Judge N Carr.

⚖️ Legal holding

A tenant is entitled to a fair market rent adjustment based on the condition and comparables of the property.

Topics

tenancy disputesmarket rent determination

Provisions

Housing Act 1988 s.14

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, section 14 allows a tenant with 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 a similar property in the open market. The determination considers the condition of the property and comparable evidence.

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

📖 Technical summary

The Tribunal adjusted the proposed rent after considering the condition of the property and comparable evidence.

📜 Headnote Official document

The Tribunal determined a fair market rent of £1,800 per month for a terraced house, adjusting the proposed rent of £2,100 after inspecting the property and considering comparable evidence. Judge N Carr presided over the case.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AL/MNR/2024/0354

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 64 [ADDRESS], [POSTCODE]

Judge N Carr Mr M J F Donaldson FRICS

Landlord [NAME] & [RESPONDENT] [NAME] 34 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] & [APPELLANT]

1. The rent is: £ 1,800. Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 8th July 2024

*3. The amount included for services is/is

negligible/not applicable Nil Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 8th December 2022

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Landlord liable for repairs

8. Furniture provided by landlord or superior landlord None

9. Description of premises Terraced house bult on ground and first floors under a pitch tiled roof. Ground floor – Living Room and kitchen. First Floor 3 bedrooms, bathroom and WC

Chairman Judge N Carr Date of Decision 28th October 2024

Case reference : LON/00AL/MNR/2024/0354 Property : 64 [ADDRESS], [POSTCODE] Tenant : Mr [APPELLANT] & [NAME] Landlord : [RESPONDENT] & [NAME] of Objection : 27 June 2024 Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal : Judge N Carr Mr M J F Donaldson FRICS Date of Summary Reasons : 28 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,800.00 per calendar month, with effect from 8 July 2024. ____________________________________

SUMMARY REASONS

Background 1. On 31 May 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,100 in place of the existing rent of £1,400, to take effect from 8 July 2024. FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2. On 27 June 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 28 June 2024.

Inspection 3. The Tribunal has carried out an inspection of the property on 25 October 2024. The Landlord did not attend.

Evidence 4. The Tribunal has taken into account the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. Having consideration of the comparable evidence provided by the Landlord and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property if let today in a condition that is usual for such lettings would be £2,000 per calendar month. From this level of rent we have made adjustments in relation to:

Provision of white goods (Tenant) Provision of curtains (Tenant) Condition of floor coverings Condition of kitchen fittings

6. The full valuation is shown below:

per calendar month Market Rent

£2,000

Less Provision of white goods (Tenant) Provision of curtains (Tenant)

10% Condition of floor coverings Condition of kitchen fittings

(£200)

£1,800

7. The Tribunal determines a rent of £1,800 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 £1,800 per calendar month.

9. The Tribunal directs the new rent of £1,800 to take effect on 8 July 2024, this being the date as set out in the Landlord’s Notice of Increase.

Chairman: Judge N Carr

Date: 28 October 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.

📊 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 is entitled to a fair market rent adjustment based on the condition of the property.
The tenant is entitled to a fair market rent adjustment based on market comparables.
The tenant is entitled to a rent adjustment that considers both the condition of the property and comparable market rents.
The tenant is entitled to a fair market rent adjustment taking into account their repair obligations under the tenancy agreement.
The tenant is entitled to a fair market rent adjustment under 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 decided to adjust the rent to £1,800 per month.

Who was involved?

The tenant and the landlord were involved in the dispute.

How did the court decide, and why?

The court inspected the property and considered comparable evidence to determine a fair market rent.

Which laws or rules were applied?

The Housing Act 1988 section 14 was applied.

What was the argument that mattered most?

The condition of the property and comparable evidence were crucial in determining the rent.

Was the decision for or against the person who brought the case?

The decision was in favour of the tenant.

What does this mean for someone in a similar situation?

Someone in a similar situation may also seek a fair market rent adjustment based on the condition and comparables of their property.

What evidence or documents mattered?

Written submissions from both parties and an inspection of the property were important.

Can a decision like this be appealed?

Yes, decisions like this can be appealed if the party requests full reasons and follows the proper procedure.

Is it worth getting a solicitor for a case like this?

It is 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.