Rent determination info for England – HA 1988 s. 42A
Chamber President must publish rent info for assured tenancies/agricultural occupancies in England. Certified copy admissible in court. Fees may be prescribed.
42A The Chamber President of the Property Chamber of the First-tier Tribunal shall keep and make publicly available, in such manner as may be specified in an order made by the Lord Chancellor, such information as may be specified in an order made by the Secretary of State with respect to rents under assured tenancies and assured agricultural occupancies which have been the subject of references or applications to, or determinations by— rent assessment committees in England, the First-tier Tribunal, or the Upper Tribunal. A copy of any information certified by a member of staff appointed by the Lord Chancellor and duly authorised by the Chamber President shall be receivable in evidence in any court and in any proceedings. An order made by the Lord Chancellor under subsection (1) may prescribe the fees to be charged for the supply of a copy, including a certified copy, of any of the information kept by virtue that subsection. The power to make an order under subsection (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision requires the Chamber President of the Property Chamber (part of the First-tier Tribunal) to keep and make available to the public certain information about rents for assured tenancies and assured agricultural occupancies in England. The information relates to rents that have been the subject of references or applications to, or determinations by, rent assessment committees in England, the First-tier Tribunal, or the Upper Tribunal.
A copy of any such information that is certified by an authorised staff member can be used as evidence in court and in any proceedings. The Lord Chancellor may make an order setting fees for supplying these copies. Any order by the Lord Chancellor about the fees must be made by statutory instrument that can be annulled by a resolution of either House of Parliament. The Secretary of State may also make an order specifying what information must be kept and made public.
This section does not itself set any rent levels or decide any disputes; it only ensures the public can access the rent determination data.
When it applies
- A tenant wants to check the rent set for a similar property in their area by a rent assessment committee to support their case for a rent reduction.
- A landlord needs a certified copy of a First-tier Tribunal rent determination to present as evidence in a county court possession claim.
- A researcher is analyzing rent trends in England and downloads the publicly available information from the Property Chamber.
- A solicitor requests a certified copy of an Upper Tribunal decision on rent for use in an appeal.
- A local authority housing department uses the published data to determine appropriate rent levels for housing benefit purposes.
What this section does not say
- This section does not give tenants the right to request that rent be assessed or reviewed – that is governed by other provisions of the Housing Act 1988.
- It does not cover rents in Wales (see HA 1988 s.42 for Wales).
- It does not provide a mechanism for challenging a rent determination – only for accessing the information afterwards.
- It does not require the tribunal to publish every document, only the information specified in orders.
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This page reproduces the text of HA 1988 s. 42A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.