Tribunal Sets Market Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal set a new rent for an assured tenancy based on market rates in the area. The landlord proposed a higher rent, but the Tribunal determined it at £900 pcm from October 2026 to avoid undue hardship on the tenant.
⚖️ Legal holding
A landlord may propose a new rent for an assured tenancy, but it must be determined by the First-tier Tribunal based on market conditions and without undue hardship to the tenant.
📖 What the law says
This section allows landlords to propose a new rent for an assured tenancy through a notice in a prescribed form. The new rent can take effect at the start of a new period specified in the notice, which must begin at least two months after the notice is served. However, the exact timing depends on the type of tenancy, such as assured agricultural occupancy or other cases.
This section permits a tenant to apply to a tribunal to challenge the rent payable under an assured tenancy. The tribunal will then determine the open-market rent, considering various factors including the terms of the existing tenancy and any relevant improvements made by the tenant.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the market rent for an assured tenancy under Section 13 of the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal determined the market rent for an assured tenancy under Section 13 of the Housing Act 1988, setting it at £900 pcm from October 2026. The Tribunal considered the property's condition and local market conditions without adjustments.
📚 Full judgment Official document
OUTCOME: Allowed in Part
© CROWN COPYRIGHT 2026
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference MAN/30UF/MNR/2025/0984 [ADDRESS] [POSTCODE]
Tenant
[NAME]
Tenant’s Representative
N/A Landlord [APPELLANT] Landlord’s [ADDRESS], [POSTCODE]
Landlord’s Representative
N/A Date of Application 29th August 2025
Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members Judge L. F. McLean – Chair J. Faulkner FRICS
Date of Decision
11th March 2026 Rent Determined £900.00 per calendar month
Date the new rent takes effect
1st October 2026
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REASONS FOR THE DECISION
Background
1. On 21st July 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1100.00 per calendar month (pcm) in place of the existing rent of £785.00 pcm to take effect from 1st October 2025.
2. On 29th August 2025, 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. The assured tenancy commenced on 1st October 2020 for a term of 12 months, continuing thereafter as a statutory periodic tenancy. The rental period is monthly, commencing on the 1st of each month.
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 were identified as part of or separately from the rent. The Tenant stated in his application form that no furniture was provided by the Landlord.
Liability for Council Tax
6. The [NAME] responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax.
Any other terms of the tenancy taken into consideration in determining the rent.
7. No other particular tenancy terms were taken into consideration.
Inspection/Hearing
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8. Neither party requested an oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise.
The Property
9. The Tribunal attempted to carry out an inspection of the Property on 11th March 2026. The parties were notified of the inspection but did not attend. The Property was vacant and advertised “for sale” at the time of the inspection, and the Tribunal members were unable to inspect the interior or the rear of the Property.
10. The Property is a two storey semi-detached house with gardens to the front and rear, offering the following accommodation (from Application Form):
Ground Floor: entrance hall, 2 x reception rooms, kitchen First Floor: 3 x bedrooms, bathroom, separate w.c. Hall, open plan kitchen/lounge, one bedroom, and bathroom with full suite including shower. Outside: Garage in a separate block. There is a side driveway albeit not wide enough for a car. There is on-site paved car-parking to the front.
The Property is situated in the Ansdell area of Lytham St Annes. The surrounding area is predominantly residential with all amenities close by.
Evidence
11. No evidence was submitted by either party.
Determination and Valuation
12. The Tribunal used its general knowledge of Market Rents in the vicinity to decide that the Market Rent of the subject property is £900.00 per calendar month.
13. From this level of rent, the Tribunal has made no adjustments in relation to the following:
a) The condition of the Property relative to the comparable properties. b) Any issues with the condition of the Property which may reduce its value. c) Improvements and fittings provided by the Tenant and for which they should not pay.
The full valuation is shown below:
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Starting Rent
£900.00 pcm
Less a) Items given under a) above
£0.00 b) Items given under b) above
£0.00 c) Items given under c) above
£0.00 £0.00
Market rent
£900.00 pcm
Undue hardship
12. The new rent takes effect from the date specified in the Landlord’s Notice of Increase unless that would cause undue hardship to the tenant. In cases of undue hardship, the Tribunal has a discretion to fix a later starting date up to the date a Tribunal makes its determination.
13. The Tenant has not asked the Tribunal to fix a later starting date in this case.
Decision
14. Therefore, the Tribunal determines the market rent at £900.00 per calendar month with effect from 1st October 2025.
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:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent After Undue Hardship Claim
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rental Rate for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Market Rent Determined for Assured Tenancy Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Market Rent Due to Property Issues
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £920 PCM
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 rent increase must be based on the actual condition of the property.
- The rent increase should not cause undue hardship to the tenant.
- The rent must be set at a fair market rate considering relevant comparables.
- Environmental factors affecting the property's value must be considered.
- The rent adjustment must take into account contributions made by the tenant.
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 £900 per month.
Who was involved?
A landlord and a tenant were involved in setting the new rent for an assured property.
How did the court decide, and why?
The court decided based on local market conditions without adjustments for property condition or undue hardship.
Which laws or rules were applied?
Section 13 and Section 14 of the Housing Act 1988 were applied.
What was the argument that mattered most?
The argument about local market conditions without undue hardship to the tenant mattered most.
Was the decision for or against the person who brought the case?
It was partially in favour of the tenant, setting a lower rent than proposed by the landlord.
What does this mean for someone in a similar situation?
Someone facing a rent increase can seek a determination based on market conditions and avoid undue hardship.
What evidence or documents mattered?
No specific evidence was submitted, but property details and local market knowledge were considered.
Can a decision like this be appealed?
Yes, either party may appeal the decision to the Upper Tribunal based on points of law.
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.
