Apply for an open market rent determination
Summary
The First-tier Tribunal (Property Chamber) has published guidance for tenants seeking an open market rent determination under the Housing Act 1988. It explains when a tenant can challenge a rent increase or an initial rent, the evidence needed, the £47 application fee, and how the tribunal usually sets the effective date of any new rent.
Why it matters
Residential property surveyors may be asked to provide comparable rental evidence or understand how tribunal rent determinations are assessed. The guidance also highlights the importance of valid section 13 notices and the evidential hierarchy the tribunal applies when considering market rent.
Key points
- Tenants can apply to the First-tier Tribunal to determine the open market rent or licence fee.
- A valid section 13 notice is required before a rent increase can take effect.
- Comparable agreed lettings are stronger evidence than asking rents or housing allowance data.
- The tribunal usually sets the new rent from the notice date or the next payment date, depending on timing.
- Applications cost £47, with fee support potentially available for those on low incomes.
Organisations:
First-tier Tribunal (Property Chamber)
Regulations:
Housing Act 1988, section 13 notice, MR1 form
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