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AllowedFirst-tier Tribunal (Property Chamber)·

First-tier Tribunal Sets Rent for Assured Periodic Tenancy

Case No.

📌 In brief

The First-tier Tribunal decided on the rent for an assured periodic tenancy, considering the poor condition of the property, including significant dampness and needed repairs. The decision was made on 10 September 2024.

⚖️ Legal holding

A tenant is entitled to have the rent for their assured periodic tenancy set by the Tribunal, taking into account the condition of the property.

Topics

rent determinationassured periodic tenancy

Provisions

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, section 14 allows a tenant with an assured tenancy to apply to a tribunal to challenge the rent payable under their tenancy. However, the application cannot be made if the rent is based on a previous determination under this section or if more than six months have passed since the start of the tenancy. Additionally, tenants can also apply to challenge a new rent proposed in a notice under sections 13(2) or 13A(2). When determining the rent, the tribunal considers what a willing landlord would charge for a similar property in the open market, taking into account the condition of the property and any improvements or damages caused by the tenant.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The Tribunal determined the rent for an assured periodic tenancy and assessed the condition of the premises.

📜 Headnote Official document

The First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy, taking into account the significant dampness and dilapidation of the premises. The decision took effect on 4 November 2023.

📚 Full judgment Official document

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. MAN/00BN/MDR/2023/0010

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 19 [ADDRESS] [POSTCODE]

[NAME] Ms [RESPONDENT]

Landlord [RESPONDENT] [ADDRESS] Cheshire Wa14 3FD

Tenant [APPELLANT]

1. The rent is: £ 562.50 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 4/11/2023

3. The amount included for services is

not applicable N/A Per N/A

4. Date assured tenancy commenced 4/11/2010

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs As per s11 LTA 1985

7. Furniture provided by landlord or superior landlord Unfurnished and no [NAME] goods. Tenant replaced all carpets, except one threadbare bedroom carpet.

8. Description of premises 2 bed mid flat fronted terrace with 2 living rooms, kitchen bathroom back yard. Very significant dampness in all rooms (including signs of rising and penetrating dampness with mould) and historic leaks evident. Dilapidated kitchen and bathroom required repairs.

Chairman J [NAME] of Decision 10.9.2024

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed12 cases

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 is entitled to a fair determination of their rent based on comparable properties.
  • The rent should reflect the property's condition and lack of modernization.
  • The rent must be set at a reasonable market rate.
  • The rent determination must be made according to the Housing Act 1988, specifically Section 14.
  • The Tribunal has the authority to set the rent for the assured periodic tenancy.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

It set the rent for an assured periodic tenancy, considering the condition of the property.

Who was involved?

A tenant and a landlord were involved.

How did the court decide, and why?

The court considered the condition of the property, including significant dampness and needed repairs, to determine the rent.

Which laws or rules were applied?

The Housing Act 1988 Section 14 was applied.

What was the argument that mattered most?

The argument about the condition of the property was crucial in determining the rent.

Was the decision for or against the person who brought the case?

The decision was for the tenant.

What does this mean for someone in a similar situation?

Someone in a similar situation should consider the condition of their property when disputing rent.

What evidence or documents mattered?

Evidence of the property's condition, such as dampness and needed repairs, was important.

Can a decision like this be appealed?

Yes, decisions like this can be appealed to a higher court.

Is it worth getting a solicitor for a case like this?

It is recommended to seek advice from a qualified solicitor for cases involving rent disputes.

Official source: First-tier Tribunal (Property Chamber) — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.