Open market rent is what your landlord could expect if your home were let on the open market today. The tribunal decides it by comparing similar homes nearby. The strongest evidence is actual agreed rents for similar properties; adverts on Rightmove, Zoopla or from letting agents help too. Aim for three to six close comparables and adjust for differences.
What "open market rent" means
GOV.UK describes the open market rent as the rent the landlord would expect to receive if they were to relet the property on the open market. Shelter calls it the market rent: the rent should be around the same as similar homes in your area. When you apply to the First-tier Tribunal, its role under the Housing Act 1988 is to decide this figure, using evidence from you and your landlord and its own expertise.
Under section 14 of the Housing Act 1988, the tribunal disregards certain things, such as improvements you made yourself, and the effect of your own failure to keep to the tenancy terms. That is why you should tell it about anything you provided or improved.
What makes a good comparable
| Factor | Match as closely as you can |
|---|---|
| Location | Same street, estate or postcode area |
| Size | Same number of bedrooms; similar floor area |
| Type | Flat vs house, floor level, garden, parking |
| Condition | Similar kitchen, bathroom, heating, glazing |
| Furnishing | Furnished vs unfurnished |
| Date | Let or advertised recently |
Check your notice
See if your section 13 notice looks valid and your tribunal deadline, in about two minutes.
Where to find comparables
- Real tenancy agreements. GOV.UK says evidence from actual agreed lettings is stronger than adverts. Ask neighbours in similar homes, or a local renters union, as Shelter suggests.
- Letting agent listings and let-agreed properties. Note the asking rent and features.
- Rightmove and Zoopla. Search your area for similar homes; screenshot the listing with the date.
- Your own building. Flats in the same block are often the closest comparables.
GOV.UK also says market agreements are usually stronger evidence than housing association rents, previous fair rent decisions or Local Housing Allowance rates.
How to present them
Make a simple table with address or street, bedrooms, rent, date, source, and differences from your home. Then explain why your home might be worth less: repairs needed, older kitchen, no outside space. If some comparables are higher, include them anyway and explain the differences. The tribunal is expert at spotting cherry-picking.
| Address | Beds | Rent pcm | Source | Difference |
|---|---|---|---|---|
| Flat, same block | 2 | £1,250 | Neighbour's agreement | Newer kitchen |
| Flat, next street | 2 | £1,275 | Agent listing, Oct 2026 | Has parking |
| Flat, same postcode | 2 | £1,200 | Rightmove, Sept 2026 | Similar |
Condition and repairs
Shelter's tribunal example involved a tenant who showed similar homes rented for less and described repair problems, and the rent was set well below the landlord's figure. Include photos of damp, mould, broken fixtures or other repairs, and ask for an inspection if condition matters.
- Three to six comparables
- At least one actual agreed rent if possible
- Screenshots with dates
- Table of differences
- Photos of your home and any repairs
- List of items you provided
Step by step: building your evidence in an hour
- Open Rightmove and Zoopla, choose "to rent", and search within half a mile of your postcode for homes with the same number of bedrooms.
- Include "let agreed" listings where the site shows them.
- Open each listing and note the rent, size, condition, furnishing and parking. Screenshot it with the date visible.
- Pick the three to six closest matches. Discard ones that are obviously different.
- Ask neighbours in similar homes what they pay, and whether they would share a copy of their agreement.
- Put everything in a short table and add a line on how each differs from your home.
If you find homes that are bigger or better and cost the same as your landlord's proposed rent, that also helps: it suggests your home should be cheaper.
Adjusting for differences
The tribunal uses its own expertise, but it helps to show you have thought about differences. A comparable with an extra bathroom, parking space or garden would usually let for more than your home; one with no outside space or a dated kitchen might let for less. You do not need to put exact figures on each difference. A sentence for each comparable explaining why yours is better or worse is enough.
Common mistakes
- Using homes in a different, cheaper area without explaining why.
- Comparing a furnished flat to an unfurnished one without saying so.
- Relying on very old listings.
- Leaving out your own home's good points: the tribunal will see them anyway.
- Sending dozens of comparables instead of a few strong ones.
Your home's description
Alongside comparables, describe your own home clearly: the number and size of rooms, heating, glazing, kitchen and bathroom condition, outside space, parking and energy rating. GOV.UK asks for these details, plus who provided furnishings and appliances. A clear description lets the tribunal place your home against the comparables fairly.
Frequently asked questions
Is Local Housing Allowance the market rent?
No. GOV.UK says LHA rates are weaker evidence than market agreements.
Can I use asking rents?
Yes, but agreed rents are stronger. Asking rents can be higher than the final agreed figure.
What if there are no similar homes nearby?
Widen the area gradually and explain the differences. The tribunal also uses its own expertise.
Do improvements I made count?
The tribunal disregards tenant improvements when setting the rent. List them with evidence.
Check your notice
See if your section 13 notice looks valid and your tribunal deadline, in about two minutes.
Sources
- GOV.UK: Apply for an open market rent determination (form MR1)
- Shelter England: Ask a tribunal to set the rent
- Shelter England: Rent increases for private tenants
- legislation.gov.uk: Housing Act 1988, section 14
Section13Check is a document helper, not legal advice. This guide explains the published rules for private tenants in England. For advice about your situation, contact Shelter, Citizens Advice or a law centre.