AllowedFirst-tier Tribunal (Property Chamber)·24 June 2024

Tribunal Sets Rent at £250 per Week for Assured Tenancy

Case No.

📌 In brief

The First-tier Tribunal decided on a rent of £250 per week for an assured periodic tenancy, adjusting the market rent based on the property's condition. This decision was made after considering the property's layout, lack of central heating, and other factors.

⚖️ Legal holding

A tenant is entitled to a fair market rent adjusted for the condition of the property.

Topics

tenancy disputesrent adjustment

Provisions

Housing Act 1988 s.14

📖 What the law says

Housing Act 1988 s.14

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 the condition of the property and comparable market rates, considering the same terms and conditions as the original tenancy.

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

📖 Technical summary

The Tribunal determined a weekly rent of £250 for an assured periodic tenancy.

📜 Headnote Official document

The Tribunal determined a rent of £250 per week for an assured periodic tenancy, taking into account the property's condition and comparable market rents in the area.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. MAM/LON/00AH/MNR/2023/0417

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 79 [ADDRESS], [POSTCODE]

Judge Bernadette MacQueen Alison Flynn MA MRICS

Landlord [RESPONDENT], St. [ADDRESS], Newcastle upon Tyne, [POSTCODE]

Tenant Miss [APPELLANT] [NAME]

1. The rent is: £ 250.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 19 October 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 Assured Periodic Tenancy by Succession. Believed to have commenced in 2009

6. Length of the term or rental period Weekly

7. Allocation of liability for repairs Governed by Statute

8. Furniture provided by landlord or superior landlord The Property was unfurnished.

9. Description of premises Three bedroom terraced house - brick/tile construction.

Chairman Judge MacQueen Date of Decision 30 May 2024

Case Reference

: MAM/LON/00AH/MNR/2023/0417

Property : 79 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [RESPONDENT] of Objection : 18 September 2023

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

Tribunal

: Judge Bernadette MacQueen

Alison Flynn MA, MRICS

Date of Summary Reasons

: 3 June 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £250 per week with effect from 19 October 2023 ____________________________________

SUMMARY REASONS

Background

1. On 31 August 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £260 per week in place of the existing rent of £250 per week to take effect from 19 October 2023.

2. On 13 September 2023 under Section 13 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 18 September 2023.

Inspection

3. The Tribunal carried out an inspection of the property on 30 May 2024.

Evidence

4. The Tribunal considered the reply form completed by the Tenant and the email dated 12 December 2023 from [APPELLANT] that confirmed that the tenancy was an assured periodic tenancy by succession. No other written submissions were provided to the Tribunal.

Determination and Valuation

5. The Tribunal considered comparable evidence from its own expert knowledge of rental values in the area and considered that the open market rent for the property in good tenantable condition would be in the region of £500 per week. From this level of rent the Tribunal made adjustments in relation to:

General Repair

Layout

Bathroom

No Central heating

Carpets

Kitchen

6. The full valuation is shown below:

Market Rent

£500 per week

Less

General Repair

20%

Carpets

5% Layout (downstairs toilet and bathroom) 5%

Bathroom

No central heating

10%

Kitchen

Total 50% £250

7. The Tribunal determined a rent of £250 per week.

Decision

8. The Tribunal 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 £500 per week. The Tribunal made deductions totalling 50%.

9. The Tribunal directs the new rent of £250 per week to take effect on 19 October 2023, this being the date as set out in the Landlord’s Notice of Increase. Chairman: Judge MacQueen

Date: 3 June 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 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:

Allowed12 cases

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 expert knowledge of rental values in the area to determine the market rent.
The lack of central heating in the property resulted in a 10% reduction in the market rent.
The layout of the property, specifically the downstairs toilet and bathroom, led to a 5% reduction in the market rent.

❌ Tends to be rejected

The landlord's proposed new rent of £260 per week was not accepted by the Tribunal.

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

❓ Frequently asked questions

What did this decision decide?

The Tribunal set a rent of £250 per week for an assured periodic tenancy.

Who was involved?

The tenant and the landlord were involved in the dispute over the rent.

How did the court decide, and why?

The court decided to set the rent at £250 per week, adjusting the market rent based on the property's condition and layout.

Which laws or rules were applied?

The Housing Act 1988, specifically section 14, was applied in this case.

What was the argument that mattered most?

The argument that mattered most was the need to adjust the market rent based on the property's condition and layout.

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

The decision was in favour of the tenant.

What does this mean for someone in a similar situation?

Someone in a similar situation may also seek a fair rent adjustment based on the condition of their property.

What evidence or documents mattered?

The evidence included the property inspection report and comparable market rents.

Can a decision like this be appealed?

Yes, decisions like this can be appealed to a higher court.

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

It is recommended to get legal advice from a 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.