Landlord Advice UK Tenant Eviction Service For Landlords

When a landlord or tenant applies to the First-tier Tribunal (Property Chamber) for a rent assessment, the Tribunal follows a structured process to determine the appropriate rent. This guide explains the Tribunal’s procedures, how rents are assessed, and the appeals process.

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The Tribunal Process

After receiving a rent assessment application (such as under Section 13 rent increases), the Tribunal will notify both the landlord and tenant of the next steps. It will either:

1. Schedule a Hearing: Notify both parties of the hearing date.
2. Propose a Decision Without a Hearing: Provide notice of its intention to make a decision without holding a hearing and set a deadline for objections.

If either the landlord or tenant objects to a decision without a hearing, a public hearing will be arranged. At the hearing, both parties may:

• Be represented by a solicitor, barrister, or another individual.
• Present evidence, call witnesses, and cross-examine the other party’s witnesses.

Both parties are entitled to access any documents used as evidence during the hearing. Additionally, the Tribunal may inspect the property to support its decision-making process.

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Providing Information to the Tribunal

The Tribunal has the authority to request relevant information from both the landlord and the tenant [1]. Failure to provide this information is a criminal offence punishable by a fine.

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How the Tribunal Assesses Rent

In determining the appropriate rent, the Tribunal is required to disregard the following factors [2]:

• The fact that the property is occupied by a tenant.
• Any improvements made by the tenant [3].
• Any reduction in the property’s quality resulting from the tenant’s failure to act in a tenant-like manner [4].

Impact of Grounds for Possession on Rent

If the landlord served notice at the start of the tenancy indicating the possibility of possession proceedings under grounds 1–5 (prior notice grounds), this reduced security of tenure may justify setting a lower rent [5].

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Use of Comparables

The Tribunal uses comparable properties to determine the market rent. Comparable properties may be adjusted to account for differences such as amenities, location, or property condition.

For example:

• A property with a caretaker might have its rent adjusted downward when compared with a similar property without one.
• A two-bedroom property might be considered comparable to a four-bedroom property, depending on other factors [6].

Both the landlord and tenant are given the opportunity to comment on any evidence used by the Tribunal before the hearing concludes [7].

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Tribunal Decisions

The rent determined by the Tribunal will usually apply from the date specified in the landlord’s notice of increase, unless this would cause undue hardship to the tenant [8].

Decision Notices

The Tribunal’s decision is provided in writing to both the landlord and tenant. The decision notice includes:

• The Tribunal’s conclusion.
• Information about the right to request written reasons for the decision.
• Details of any appeal rights.

A request for written reasons must be submitted within one month of receiving the decision notice.

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Appeals Against Tribunal Decisions

Appeals to the Upper Tribunal (Lands Chamber)

Appeals against a First-tier Tribunal decision must be made to the Upper Tribunal (Lands Chamber) [9]. Applications for appeal must be submitted within 28 days of receiving the Tribunal’s written reasons [10].

Further Appeals

Decisions of the Upper Tribunal can only be appealed to the Court of Appeal on a point of law.

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Key Takeaways

• Tenant and Landlord Rights: Both parties have equal opportunities to present evidence, call witnesses, and comment on the Tribunal’s evidence.
• Tribunal’s Authority: The Tribunal determines rent based on market comparables while disregarding tenant-specific factors like improvements or reductions in quality caused by tenant behaviour.
• Timely Appeals: Ensure appeals are filed within the specified timeframe to preserve your rights.

Understanding the Tribunal process ensures landlords and tenants can navigate rent disputes effectively, ensuring fair and lawful outcomes.

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[1] s.41 Housing Act 1988.
[2] s.14(2) Housing Act 1988.
[3] Preston v London Rent Assessment Panel & Area Estates Ltd (interested party) [2014] EWHC 1206 (Admin).
[4] North Lincolnshire Homes Ltd v Bentley [2015] UKUT 451 (LC).
[5] Sch.2 Housing Act 1988.
[6] Chehab v Cadogan Estates Ltd [2018] UKUT 282 (LC).
[7] Irwell Valley Housing Association v O’Grady [2015] UKUT 310 (LC).
[8] s.14(7) Housing Act 1988.
[9] Tribunal Procedure (Amendment No. 3) Rules 2013 SI 2013/1188.
[10] reg.52 Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 SI 2013/1169.