First-tier Tribunal Sets Rent for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy. They considered factors such as the property's condition and the terms agreed upon by the tenant and landlord.
⚖️ Legal holding
A tenant is entitled to have their rent determined 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 a tribunal to challenge the rent payable under the tenancy. The tribunal will then determine the rent based on what a willing landlord might expect to receive for letting the property in the open market. The application can be made if the rent hasn't been previously determined under this section and if less than six months have passed since the start of the tenancy.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal set the rent for an assured periodic tenancy under the Housing Act 1988.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988, considering the property's condition and the agreed terms between the tenant and landlord.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00BL/MNR/2023/0163
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 [ADDRESS], [POSTCODE]
J R RIMMER J ELLIOTT
Landlord [NAME] c/o [NAME], 651, [ADDRESS] [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £425.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 27 April 2023
3. The amount included for services is not applicable 0.00 Per
4. Date assured tenancy commenced 27th April 2016
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs AS PER LANDLORD AND TENANT ACT 1985
7. Furniture provided by landlord or superior landlord NIL
8. Description of premises A small, unfurnished, one-bedroom flat in a large Victorian/Edwardian House now sub- divided into flats. There is a lounge, kitchen and bathroom, in addition to the bedroom. It is in average condition and dated. It shows some evidence of damp.
Chairman J R RIMMER Date of Decision 27 September 2023
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- 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 Sets Rent for Assured Periodic Tenancy
- 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 is entitled to have their rent determined under section 14 of the Housing Act 1988.
❌ Tends to be rejected
- The tenant is entitled to have their rent determined under 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?
It set the rent for an assured periodic tenancy.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court decided based on the Housing Act 1988, considering the property's condition and the agreed terms.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The condition of the property and the terms agreed upon were crucial.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider the condition of their property and the terms agreed upon.
What evidence or documents mattered?
Evidence regarding the property's condition and the terms of the tenancy agreement were 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 like this.