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AllowedFirst-tier Tribunal (Property Chamber)·

Tribunal Sets Market Rent at £2,400 Per Month

Case No.

📌 In brief

The First-tier Tribunal set the market rent for an assured periodic tenancy at £2,400 per month after reviewing a landlord's notice and tenant referral under Section 14 of the Housing Act 1988. The decision was based on documents submitted by both parties.

⚖️ Legal holding

A tenant is entitled to have the market rent of their property determined by the First-tier Tribunal under Section 14 of the Housing Act 1988 if they refer a landlord's notice proposing a new rent.

Topics

tenancyrent determination

Provisions

📖 What the law says

Housing Act 1988 s.14

Under this section, a tenant can apply to a tribunal to challenge a new rent proposed by a landlord's notice under Section 13. The tribunal then determines the open-market rent the property could reasonably expect if let by a willing landlord under similar conditions.

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

📖 Technical summary

The Tribunal determined the market rent for an assured periodic tenancy based on submitted papers without inspection.

📜 Headnote Official document

The First-tier Tribunal determined the market rent for an assured periodic tenancy to be £2,400 per month based on a landlord's notice and tenant referral under Section 14 of the Housing Act 1988. The decision was made without inspection but considering submitted papers.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BG/MNR/2023/0324

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 16 [ADDRESS], [POSTCODE]

Mr O Dowty MRICS

Landlord All seasons [ADDRESS] , [POSTCODE]

Tenant Mr [APPELLANT] & Mrs [APPELLANT]

1. The rent is: £ 2400.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 3 August 2023

*3. The amount included for services is/is

negligible/not applicable N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 3 August 2021

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Landlord

8. Furniture provided by landlord or superior landlord White goods only

9. Description of premises 3 bed flat on 2nd floor of purpose built ex-local authority block.

Chairman Mr O Dowty MRICS Date of Decision 16 November 2023

1

Case Reference

: TR/LON/00BG/MNR/2023/0324

Property : 16 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

[NAME] [APPELLANT] [RESPONDENT]

Landlord : [RESPONDENT] of Application : 17 July 2023

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

Tribunal

: Mr [NAME] of Summary Reasons

: 17 November 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £2,4o0 per calendar month with effect from 3 August 2023. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background 1. On 27 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,400 per month in place of the existing rent of £1,850 per month to take effect from 3rd August 2023.

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 17 July 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. There were no written submissions from the parties.

Determination and Valuation 5. Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £2,400 per calendar month. The Tribunal has not been informed of any circumstances which might warrant a property specific adjustment to this market value.

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 £2,400 per calendar month.

9. The Tribunal directs the new rent of £2,400 to take effect on 3 August 2023, this being the date as set out in the Landlord’s Notice of Increase.

Chairman: Mr O Dowty MRICS Date: 17 November 2023

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:

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 Tribunal used its own expert knowledge of local rental values to determine the market rent.
  • The Tribunal found the open market rent for the property in its current condition to be £2,400 per month.
  • The new rent takes effect from the date specified in the landlord's original notice.

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

❓ Frequently asked questions

What did this decision decide?

The First-tier Tribunal set the market rent for an assured periodic tenancy at £2,400 per month.

Who was involved?

A tenant and a landlord were involved in the case.

How did the court decide, and why?

The decision was made based on documents submitted by both parties without an inspection of the property.

Which laws or rules were applied?

Section 13 and Section 14 of the Housing Act 1988 were applied in this case.

What was the argument that mattered most?

The tenant's referral to the Tribunal under Section 14 of the Housing Act 1988 was crucial.

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

The decision was in favour of the landlord, setting a higher rent as proposed by them.

What does this mean for someone in a similar situation?

Someone facing a rent increase notice can refer it to the Tribunal under Section 14 if they disagree with the proposed rent.

What evidence or documents mattered?

Documents submitted by both parties, including the landlord's notice and tenant referral, were crucial.

Can a decision like this be appealed?

Yes, either party can appeal the decision to a higher court if they disagree with it.

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

It is advisable to seek legal advice from a qualified solicitor for such cases.

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.