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AllowedFirst-tier Tribunal (Property Chamber)·

Tribunal sets £1,150/month rent for assured tenancy in Manchester

Case No.

📌 In brief

The First-tier Tribunal set a fair market rent of £1,150 per month for a property after considering comparable evidence and local rental values, rejecting the landlord's proposal for a higher rent.

⚖️ Legal holding

A tenant is entitled to a fair market rent determination based on comparable evidence and local rental values.

Topics

tenancy disputesrent determination

Provisions

📖 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 their tenancy. The tribunal will then determine a fair market rent based on comparable evidence and local rental values. However, applications cannot be made if the rent is already set by a previous determination under this section or if more than six months have passed since the start of the tenancy.

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

📖 Technical summary

The Tribunal determined a fair market rent for a property based on comparable evidence and local rental values.

📜 Headnote Official document

The First-tier Tribunal determined a fair market rent of £1,150 per month for a property based on comparable evidence and local rental values, rejecting the landlord's proposed higher rent.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/45UE/MNR/2024/0621

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] Mr [RESPONDENT]

Landlord [RESPONDENT] c/o [NAME], East & [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1150.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 29 October 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 29 July 2022

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord

8. Description of premises 1-bedroom ground floor flat.

[NAME] of Decision 19 December 2024

© CROWN COPYRIGHT 2024

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/45UE/MNR/2024/0621 Property : [ADDRESS] [POSTCODE] Applicant Tenant : Mr [COUNSEL] :

None

Respondent Landlord : [RESPONDENT] : [NAME] of Application :

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

Tribunal Members : Mr [NAME] Mr [NAME] of Application : 25th October 2024 Date of Decision :

19th December 2024

DECISION

The Tribunal determines a rent of £1,150 per calendar month with effect from 29th October 2024.

HAV/45UE/MNR/2024/0621 2

SUMMARY REASONS

Background 1. On 9th September 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,300 per month in place of the existing rent of £995 per month to take effect from 29th October 2024.

2. On 25th October 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. Inspection 3. The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence

4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord. Determination and Valuation 5. Having given consideration to the comparable evidence provided by the parties and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenable condition would be £1,150 per calendar month/week.

6. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.

7. In this case the property is let in such condition so no adjustments to the ‘open market rent’ are necessary.

8. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £1,150 per month.

9. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship.

10.

Accordingly, the Tribunal directed that the new rent of £1,150 per month should take effect from 29th October 2024, this being the date specified in the notice.

APPEAL PROVISIONS

HAV/45UE/MNR/2024/0621 3 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:

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 based on comparable evidence.
  • The tenant is entitled to a rent adjustment considering the property's condition.
  • The tenant is entitled to a fair market rent adjusted for specific conditions of the property.
  • The Tribunal must base the market rent on comparable evidence and the condition of the property.
  • The tenant is entitled to a rent determination reflecting the open market value adjusted for the condition of the property.

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

❓ Frequently asked questions

What did this decision decide?

The Tribunal set the monthly rent for an assured tenancy at £1,150, rejecting the landlord's proposed rent of £1,300.

What was the dispute about?

The dispute was over the appropriate rent for an assured tenancy, with the landlord proposing £1,300 per month and the tenant arguing for a lower rate.

How did the court decide, and why?

The court decided to set the rent at £1,150 per month based on evidence showing that this was a fair market rent for the property.

Which laws or rules were applied?

The Housing Act 1988, specifically section 14, was applied to determine the market rent for the assured tenancy.

What was the argument that mattered most?

The argument that mattered most was the evidence presented regarding the fair market rent for similar properties in the area.

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

The decision was for the tenant, setting the rent at £1,150 per month instead of the landlord's proposed £1,300.

What does this mean for someone in a similar situation?

Someone in a similar situation can expect the rent for their assured tenancy to be set at a fair market value based on comparable evidence.

What evidence or documents mattered?

The judgment does not specify the exact evidence or documents used, but it likely included rental data for similar properties in the area.

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.