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Allowed in PartFirst-tier Tribunal (Property Chamber)·

Tribunal Sets Market Rent for Assured Tenancy

Case No.

📌 In brief

A tenant applied to the First-tier Tribunal to challenge a proposed increase in their rent. The tribunal inspected the property and considered evidence of similar rental properties before determining that the fair market rent should be £1,050 per calendar month.

⚖️ Legal holding

A tenant is entitled to have their rent set at a fair market rate based on comparable properties and property conditions.

📖 What the law says

Housing Act 1988 s.13

This section of the Housing Act 1988 applies to certain types of assured tenancies, excluding relevant low-cost tenancies. It allows landlords to serve notices proposing increases in rent, with specific conditions regarding when these increases can take effect.

Landlord and Tenant Act 1985 s.11

This section implies a covenant by the lessor to repair the structure and exterior of the dwelling house, including drains, gutters, and external pipes, as well as installations for water, gas, electricity, and sanitation. The covenant also covers space heating and heating water installations.

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

📖 Technical summary

Tribunal determined the market rent for an assured tenancy in Hastings.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined the market rent for an assured tenancy in Hastings, setting it at £1,050 per calendar month based on property condition and comparable rental values.

📚 Full judgment Official document

OUTCOME: Allowed in Part

© CROWN COPYRIGHT

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

HAV/21UD/MNR/2026/0027

[ADDRESS], [POSTCODE]

Tenant

[NAME]

Tenant’s Representative None

Landlord

[COUNSEL]

Landlord’s [RESPONDENT] 86 [ADDRESS], [POSTCODE]

Landlord’s [RESPONDENT] of Application

9 January 2026

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

Tribunal Members Mr [NAME] Mr [NAME] of Decision

10 April 2026

Rent Determined

£1,050 per calendar month

Date the new rent takes effect

1 February 2026.

2

REASONS FOR THE DECISION

Background

1. On 11 December 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200 per calendar month(pcm) in place of the existing rent of £650 per month to take effect from 1 February 2026.

2. On 9 January 2026, 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.

3. It is stated that the assured tenancy commenced in March 2008, however, the Tribunal were not presented with a copy of the agreement and therefore the original term and passing rent is unknown.

Allocation of Repairs between Landlord and Tenant.

4. As per section 11 of the Landlord and Tenant Act 1985.

Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.

5. No service charges.

Liability for Council Tax

6. The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive/inclusive of Council Tax.

Any other terms of the tenancy taken into consideration in determining the rent.

7. It is assumed; there are none.

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Inspection/Hearing

8. The parties did not request a hearing, and the property was inspected by the Tribunal.

9. The Tribunal has considered this case on the basis of an external inspection, together with the papers provided by the parties and its own knowledge and specialist expertise.

The Property

10. It was agreed between the parties that an inspection would take place on the 10 April 2026 at 10am. The Tribunal were present at the property at this time, but no one was in attendance to provide access. Therefore, under the circumstances, the determination was made based upon an external inspection.

11. The Property is a detached house built around the 1960s offering the following accommodation: living room, kitchen, shower room and two bedrooms. The house has an EPC Rating of C75 which is above average, and it is stated in the report the floor area is 58m2.

Outside: The property has brick and rendered elevations under a. flat felt roof. There is a small open courtyard garden on the frontage with timber decking and an allocated parking space.

The Property benefits from gas central heating and has UPVC double glazed windows.

The Property is situated in a mixed commercial and residential area located in Hastings town centre and convenient to all amenities.

Evidence

12. The Landlord returned the Tribunal’s completed Rent Appeal Statement. In this statement there was an email from [NAME], letting agents recommending a rental value in the range of £1,100-£1,400. This valuation was not subject to an inspection, and therefore limited weight can be placed on this evidence. The Tribunal did not receive any submissions from the Tenant.

The Tenant.

13. In his written evidence the Tenant made the following comments:

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a) Improvements undertaken by the tenant include, fitted wardrobe in bedroom 2, replacement front entrance door, electrics upgraded and timber decking improvements.

The Landlord

14. The Landlord made the following comment:

a) As previously mentioned, the Landlord’s evidence included an email from [NAME] setting out a rental valuation range of £1,100- £1,400 per month. b) The Landlord states the gas boiler and flat roof covering were replaced in 2024. c)

Determination and Valuation

15. Relying on its own expert, general knowledge of rental values in the [RESPONDENT] area, and the Landlord’s letting agent, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,200 per month. This is the rent we would expect the property to let for in the open market if it was in the same general condition as the comparable properties with a private garden including having white goods and curtains provided by the landlord.

16. From this level of rent, the Tribunal has made adjustments in relation to the following:

a) The property does not have a conventional private garden and has only an open decked area on the frontage.

The full valuation is shown below:

Starting Rent

£1,200

Less a) Items given under a) above

£150

Market rent

£1,050 pcm

Decision

5

17. Therefore, the Tribunal determines the market rent at £1,050 per calendar month with effect from the 1 February 2026, being the date of the Landlord’s notice.

APPEAL PROVISIONS

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

📊 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 property's lack of a conventional private garden, having only a decked area, reduced its rental value.
  • The Tribunal considered the property's EPC Rating of C75, which is above average, in its assessment.
  • The Tribunal considered the property's features such as gas central heating and UPVC double glazed windows.

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 tenancy at £1,050 pcm.

Who was involved?

A tenant and a landlord were involved in the dispute over rental value.

How did the court decide, and why?

The tribunal considered comparable properties and property condition to determine a fair market rent.

Which laws or rules were applied?

Housing Act 1988 s.13 and Landlord and Tenant Act 1985 s.11 were applied.

What was the argument that mattered most?

The condition of the property and comparable rental values in Hastings influenced the decision.

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

The tenant's application was partially successful, as the rent set was lower than proposed by the landlord.

What does this mean for someone in a similar situation?

Someone challenging their rental value should consider comparable properties and property condition when presenting evidence to the tribunal.

What evidence or documents mattered?

Evidence of comparable rental values and property inspection reports were important.

Can a decision like this be appealed?

Either party can appeal on points of law within 28 days.

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.