Tribunal Sets Fair Market Rent for Tenancy
📌 In brief
The Tribunal decided on a fair market rent of £845 per month for an assured periodic tenancy after considering the condition of the property, including outdated kitchen and bathroom fittings and damp/mould issues.
⚖️ Legal holding
A tenant is entitled to a fair rent adjustment based on the property's condition, as evidenced by the Tribunal's deduction of £150 from the proposed rent due to dated fixtures and damp/mould issues.
📖 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 a similar property in the open market. The determination takes into account the condition of the property, such as outdated kitchen and bathroom fittings and issues like damp or mold.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal adjusted the proposed rent of £995 to £845 after considering the property's condition, including dated kitchen and bathroom fittings and damp/mould issues.
📜 Headnote Official document
The Tribunal determined a fair market rent of £845 per month for an assured periodic tenancy, adjusting the initial proposed rent due to the condition of the property, including dated kitchen and bathroom fittings and damp/mould issues.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/00HQ/MNR/2025/0724
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]
Mr I [NAME] Judge Taylor
Landlord [RESPONDENT] A, 603 [ADDRESS], [POSTCODE]
Tenant [NAME] [NAME]
1. The rent is: £ 845.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 20 July 2025
3. The amount included for services is not applicable n/a Per n/a
4. Date assured tenancy commenced 20 May 2018
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 2-bedroom first floor flat
Chairman
Mr I Perry FRICS
Date of Decision 27 August 2025
© CROWN COPYRIGHT 2025
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HQ/MNR/2025/0724 Property : [ADDRESS] [POSTCODE] Applicant Tenant : [NAME] :
None
Respondent Landlord : [RESPONDENT] : None Type of Application :
Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal Members : Mr [NAME] Judge C Taylor Application Received : 30th June 2025 Date of Decision : 27th August 2025
DECISION
The Tribunal determines a rent of £845 per calendar month with effect from 20th July 2025.
HAV/00HQ/MNR/2025/0724
SUMMARY REASONS
Background 1. On 26th May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £995 per month in place of the existing rent of £785 per month to take effect from 20th July 2025.
2. 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 30th June 2025. 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. Directions were issued by the Tribunal on 22nd July 2025. The Landlord duly sent representations by the date specified.
5. The Tenant filed her representations 6 days later than specified in the Directions and was asked by the Tribunal to make a Case Management Application for her representations to be received.
6. Before proceeding any further, the Tribunal first considered whether it should accept the late application from the Tenant. Given the overriding objective of making an equitable decision the Tribunal decided that it would accept the late papers. Determination and Valuation 7. 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 tenantable condition would be £995 per calendar month.
8. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.
9. In this case the property is not let in such condition so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the dated kitchen and bathroom fittings and for damp/mould.
10. The full valuation is shown below:
HAV/00HQ/MNR/2025/0724
Full open market rent in good condition £995 Less deductions for:- Dated kitchen
£75 Dated bathroom
£25 Damp/mould
£50
____ TOTAL RENT PAYABLE PER MONTH
£845
11. 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 £845 per month.
12. 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.
13.
Accordingly, the Tribunal directed that the new rent of £845 per month should take effect from 20th July 2025 this being the date specified in the notice. 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:
- First-tier Tribunal (Property Chamber) Tribunal Sets £1615/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Market Rent for Tenancy Dispute
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) Tribunal Determines Reduced Rent Due to Property Issues
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Property in Poor Condition
- First-tier Tribunal (Property Chamber) Tribunal Sets £825 Monthly Rent for Assured Tenancy in Manchester
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4133176
- First-tier Tribunal (Property Chamber) Rent Adjustment Based on Property Condition and Location
- First-tier Tribunal (Property Chamber) Market Rent Set at £840 per Month for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4134091
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent of £1,800 for Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets £1,150/month Rent for Assured Tenancy in Kent
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.
- The rent is adjusted for the condition of the property.
- The rent is adjusted for the condition and contents of the property.
- The rent is adjusted based on the property's condition and location.
- The rent is adjusted for the condition and provided amenities 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 £845, reducing the landlord's proposed rent of £995.
What was the dispute about?
The dispute was over the proposed rent increase from £785 to £995 per month.
How did the court decide, and why?
The court decided to set the rent at £845 per month, considering the property's condition, including dated kitchen and bathroom fittings and damp/mould issues.
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, particularly the dated kitchen and bathroom fittings and damp/mould issues.
Was the decision for or against the person who brought the case?
The decision was for the tenant, who brought the case to challenge the proposed rent increase.
What does this mean for someone in a similar situation?
Someone in a similar situation may also have their rent adjusted based on the condition of their property.
What evidence or documents mattered?
The evidence included the condition of the property, including dated kitchen and bathroom fittings and damp/mould issues.
