Tribunal Sets New Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal decided on a new rent of £1,250 per month for an assured periodic tenancy after considering market conditions and evidence from both the tenant and landlord.
⚖️ Legal holding
A tenant is entitled to a rent determination based on the open market value of the property.
📖 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 the rent based on what a willing landlord would charge in the open market for a similar periodic tenancy.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined a new rent for an assured periodic tenancy based on market conditions.
📜 Headnote Official document
The First-tier Tribunal determined a new rent of £1,250 per month for an assured periodic tenancy based on market conditions following an external inspection and evidence provided by the parties.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00AH/MNR/2024/0037
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] [NAME]
Landlord [RESPONDENT] c/o [COMPANY] 99 Clapton Common, London, [POSTCODE]
Tenant Ms [APPELLANT]
1. The rent is: £ 1250 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 3rd January 2024
*3. The amount included for services is not applicable
Per
*4. Service charges are not included
5. Date assured tenancy commenced 3 July 2020
6. Length of the term or rental period Six Months
7. Allocation of liability for repairs In accordance with agreement
8. Furniture provided by landlord or superior landlord None
9. Description of premises A one-bedroom flat forming part of a four-storey converted office block
[NAME] of Decision 16th August 2024
Case Reference
: LON/OOAH/MNR/2024/0037
Property : [ADDRESS], [POSTCODE]
Tenant : Ms [APPELLANT]
Landlord : [APPELLANT] c/o [RESPONDENT] of Objection : 26 December 2023
Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
Tribunal
: Mr [NAME] Mr [NAME] of Summary Reasons
: 16 August 2024
_______________________________________________
DECISION
The Tribunal determines a rent of £1,250 per calendar Month with effect from 1 April 2024. ___________________________________
© CROWN COPYRIGHT 2023
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
SUMMARY REASONS
Background
1. On the 23 November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,400 per week in place of the existing rent of £1,050 per month to take effect from 3 January 2024. The Tribunal were provided with a copy of the tenancy agreement which commenced on the 3 July 2020.
2. On the 26 December 2023 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 arrived at the property on the 16th August 2024 at 11.40am. The tenant was not present and therefore the decision of the Tribunal was based upon an external inspection and the evidence provided by the parties.
Evidence
4. Following Directions prepared by the Tribunal on the 10 April 2024. The Tenant completed the Reply Form and confirmed a 2 bedroom has let in the building at £1,300.
Determination and Valuation
5. Having consideration of our own expert general knowledge of rental values in the Addiscombe area, we consider that the open market rent for the property if it were in good marketable condition with reasonably modern kitchen and bathroom, modern services, carpets and curtains and white goods supplied by the landlord would be £1,250 per month.
Decision
6. 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 in its current condition was £1,250 per calendar month.
7.The Tribunal directs the new rent of £1,250 per month to take effect on the 3 January 2024. This, being the date set out in the Landlord’s Notice of Increase and the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship
Chairman: [NAME]: 16 August 2024
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 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent Based on Market Conditions
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Set at £295.05 Weekly
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy - First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy at £775
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent at £3200 Per Month Based on Market Conditions
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy: £460 per Week Effective April 1, 20…
- First-tier Tribunal (Property Chamber) Rent Determination for Studio Flat in Gipsy Hill
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy: What You Need to Know
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent Based on Property Condition
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 rent determination based on the open market value of the property.
- The tenant is entitled to a rent reduction based on the property's condition and market comparables.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a new rent of £1,250 per month for an assured periodic tenancy.
Who was involved?
The tenant and landlord were involved in the dispute over the rent.
How did the court decide, and why?
The court decided based on the open market value of the property, taking into account the condition of the property and evidence from both parties.
Which laws or rules were applied?
The Housing Act 1988 section 14 was applied.
What was the argument that mattered most?
The argument that mattered most was the evidence showing the open 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 a lower rent than what the landlord had proposed.
What does this mean for someone in a similar situation?
Someone in a similar situation might also seek a rent determination based on current market conditions.
What evidence or documents mattered?
Evidence such as comparable rents for similar properties and the condition of the property were important.
Can a decision like this be appealed?
Yes, decisions like this can be appealed through the appropriate legal channels.
Is it worth getting a solicitor for a case like this?
It is always recommended to get advice from a qualified solicitor for cases involving rent determinations.
