Section 14 Determination of open-market rent by tribunal.F29F30

A tenant under an assured tenancy other than a relevant low-cost tenancy may make an application to the appropriate tribunal for the purpose of challenging the rent payable under the tenancy.

No application may be made under subsection (A1) if—

A tenant under any assured tenancy may make an application to the appropriate tribunal for the purpose of challenging a new rent proposed in a notice under section 13(2) or 13A(2).

F2Where, under subsection (4)(a) of section 13 above, a tenant refers to F3the appropriate tribunal a notice under subsection (2) of that section, Where an application is made under subsection (A1) or (A3), the F4appropriate tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the appropriate tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy—

In making a determination under this section, there shall be disregarded—

For the purposes of subsection (2)(b) above, F8in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the F9notice application relates or the following conditions are satisfied, namely—

In making a determination under this section in any case where under Part I of the Local Government Finance Act 1992 the landlord or a superior landlord is liable to pay council tax in respect of a hereditament ( “the relevant hereditament”) of which the dwelling-house forms part, the F13appropriate tribunal shall have regard to the amount of council tax which, as at the date F14on which the notice under section 13(2) above was served, of the application was set by the billing authority—

but any discount or other reduction affecting the amount of council tax payable shall be disregarded.

In subsection (3A) above—

In this section “rent” does not include any service charge, within the meaning of section 18 of the M1Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture F16, in respect of council tax or for any of the matters referred to in subsection (1)(a) of that section, whether or not those sums are separate from the sums payable for the occupation of the dwelling-house concerned or are payable under separate agreements.

Where any rates in respect of the dwelling-house concerned are borne by the landlord or a superior landlord, the F17appropriate tribunal shall make their determination under this section as if the rates were not so borne.

In any case where—

the appropriate tribunal shall make a determination in relation to the section 6 reference before making their determination in relation to the section 13 reference and, accordingly, in such a case the reference in subsection(1)(c) above to the terms of the tenancy to which the notice relates shall be construed as a reference to those terms as varied by virtue of the determination made in relation to the section 6 reference.

Where a notice under section 13(2) above has been referred to F22the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by F23the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the beginning of the new period specified in the notice or, if it appears to F24the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct.

Nothing in this section requires F25the appropriate tribunal to continue with their determination F26of a rent for a dwelling-house if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.

This section shall apply in relation to an assured shorthold tenancy as if in subsection (1) the reference to an assured tenancy were a reference to an assured shorthold tenancy.