[2025] UKUT 237 (LC)

The landlord under an assured tenancy is entitled to seek a rent increase with effect from the anniversary of the commencement of the tenancy. To obtain that increase the landlord must serve a notice proposing a new rent (section 13(2), 1988 Act). The new rent will then take effect from the date specified in the notice unless the tenant refers the notice to the appropriate tribunal (which in England is the FTT) (section 13(4)). Where a tenant refers a notice to the FTT, it is required to determine the rent at which it considers the property would let in the open market on certain assumptions (section 14(1). The rent determined by the FTT then becomes the new rent for the tenancy with effect from the date specified in the original notice, unless the FTT considers that would cause undue hardship to the tenant, in which case it may specify a later date (section 14(7)).