First-tier Tribunal Determines Rent for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal assessed the rent for an assured periodic tenancy. The decision sets the monthly rent at £1000, excluding water rates and council tax but including any amounts specified in paragraph 3. This determination is based on Section 14 of the Housing Act 1988.
⚖️ Legal holding
A tenant is entitled to have their rent and terms of a periodic tenancy assessed by the First-tier Tribunal under Section 14 of the Housing Act 1988.
📖 What the law says
Under the Housing Act 1988, section 14 allows a tenant under an assured tenancy to apply to the appropriate tribunal to challenge the rent payable under the tenancy. The tribunal will then determine the rent based on what a willing landlord might reasonably expect to receive for letting the property in the open market. The determination considers the periodic nature of the tenancy, the start date of the new tenancy, and the terms of the original tenancy, excluding rent amounts. Additionally, certain factors such as improvements made by the tenant or reductions due to non-compliance with tenancy terms are disregarded when determining the rent.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy under Section 14 of the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal determined the rent and terms of an assured periodic tenancy under Section 14 of the Housing Act 1988, setting a monthly rent of £1000 excluding water rates and council tax.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00BC/MNR/2023/0197
Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)
Housing Act 1988 Section 14
Address of Premises The Tribunal members were 57B [ADDRESS], [POSTCODE]
Judge P Korn, Judge M Jones, [NAME]
Landlord [NAME] 48 Fairgreen , Barnet, [POSTCODE]
[NAME] [APPELLANT]
1. The rent is: £ 1000.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 18 February 2023
*3. The amount included for services is/is
negligible/not applicable N/A Per N/A
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 18 July 2014
6. Length of the term or rental period Initial fixed term of 12 months and then continuing as contractual periodic tenancy
7. Allocation of liability for repairs Section 11 Landlord and Tenanct Act 1985
8. Furniture provided by landlord or superior landlord Fridge/freezer, washing machine and dryer
9. Description of premises Upper floor flat in converted semi-detached house. Brick construction, tiled roof, rendered façade. No garden. Two bedrooms (of which one is a box room), lounge, kitchen, bathroom, separate WC. Very poor decorative condition and in need of thorough modernisation.
Chairman Peter Korn Date of Decision 21.09.23
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Market Rent Set for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent for Gated Community Flat
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Market Rent for Tenancy Dispute
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant disputes the landlord's proposed rent increase.
- The rent is adjusted based on the condition of the property.
- The rent is set according to fair market values.
- The tenant requests a fair market rent adjustment.
- The landlord determines the rent in accordance with Section 14 of the Housing Act 1988.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set a monthly rent of £1000 for an assured periodic tenancy.
Who was involved?
A tenant and their landlord were involved in the case.
How did the court decide, and why?
The court decided based on Section 14 of the Housing Act 1988, which allows for rent assessment under certain conditions.
Which laws or rules were applied?
Section 14 of the Housing Act 1988 was applied to determine the rent and terms of the tenancy.
What was the argument that mattered most?
The key argument was whether the tenant's rent should be assessed under Section 14 of the Housing Act 1988.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, setting a fair monthly rent.
What does this mean for someone in a similar situation?
Someone facing similar issues can seek a rent assessment through the First-tier Tribunal under Section 14 of the Housing Act 1988.
What evidence or documents mattered?
The terms and conditions of the tenancy agreement were crucial to determining the rent.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can generally be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such cases.