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 set the monthly rent at £700, effective from February 16, 2024. This decision was made under the Housing Act 1988.
⚖️ 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, a tenant can apply to a tribunal to challenge the rent payable under their assured 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, a tenant can also 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 tenancy in the open market.
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 First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy under the Housing Act 1988. The decision took effect on 16th February 2024, setting the monthly rent at £700 excluding certain charges.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00FY/MNR/2023/0226
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 80 [ADDRESS] [POSTCODE]
Mr G S Freckelton FRICS Mr [RESPONDENT]
Landlord [RESPONDENT] 76 [ADDRESS] [POSTCODE]
[NAME]
1. The rent is: £700.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 16th February 2024
3. The amount included for services is not applicable -------------- Per --------------
4. Date assured tenancy commenced 1st September 2021
5. Length of the term or rental period Assured Periodic
6. Allocation of liability for repairs As per Landlord & Tenant Act
7. Furniture provided by landlord or superior landlord None
8. Description of premises A self-contained converted first floor flat comprising Lounge, Kitchen, Bedroom and bathroom. The property has gas fired central heating and double glazing.
Chairman G S Freckelton FRICS Date of Decision 16th February 2024
📊 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) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Decis…
- 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) Rent Determination 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 requests a rent determination under section 14 of the Housing Act 1988.
- The request is granted, allowing the tenant to have their rent determined.
- The court upholds the tenant's right to have their rent assessed under the specified act.
❌ Tends to be rejected
- No specific factors identified as leading to an unfavorable outcome in the provided cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set the monthly rent for an assured periodic tenancy at £700.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court decided based on the Housing Act 1988, which provides the framework for determining rent for assured periodic tenancies.
Which laws or rules were applied?
The Housing Act 1988, specifically section 14, was applied.
What was the argument that mattered most?
The argument centered around the application of the Housing Act 1988 to determine the appropriate 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 can seek a rent determination through the First-tier Tribunal under the Housing Act 1988.
What evidence or documents mattered?
Evidence such as the tenancy agreement and relevant financial documentation likely played a role.
Can a decision like this be appealed?
Yes, decisions like this can typically be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is recommended to seek legal advice from a qualified solicitor for cases involving rent determination.