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 weekly rent at £120, excluding water rates and council tax. 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, section 14 allows a tenant with an assured tenancy to apply to a tribunal to challenge the rent payable under their 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't be made if the rent is already determined under this section or if more 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 First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy under the Housing Act 1988, setting the weekly rent at £120 excluding water rates and council tax.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00BW/MNR/2023/0317
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 14 [ADDRESS] [POSTCODE]
[NAME], LL.M Mr [RESPONDENT]
Landlord [RESPONDENT], [ADDRESS], Bury, [POSTCODE]
Tenant Ms [APPELLANT]
1. The rent is: £ 120.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 18 September 2023
3. The amount included for services is Not applicable Per
4. Length of the term or rental period Weekly
5. Allocation of liability for repairs As per landlord and Tenant Act 1985
6. Furniture provided by landlord or superior landlord Nil
7. Description of premises A pavement fronted, flush faced house constructed of rendered brick under a slate roof. It comprises living room, kitchen, 2 bedrooms and bathroom/wc. With stairs and landing. There is a small rear yard with a large tree. The rendering is cracked to the front and more so to the rear. Double glazing and gas central heating are provided, together with an additional electric fire. It is in fair decorative repair although bathroom and kitchen are dated, Kitchen units are worn. There is moderate rising damp in places.
[NAME] of Decision 13 December 2023
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- 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) 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) 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) 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 consistently granted, allowing the tenant's claim.
- The majority of cases result in the claim being allowed.
- There is no indication of any significant opposition to the tenant's request.
- The court upholds the tenant's right to have their rent determined under the specified act.
❌ Tends to be rejected
- (No factors identified as leading to a decision against the claimant in the provided cases.)
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision set the weekly rent for an assured periodic tenancy at £120, excluding water rates and council tax.
Who was involved?
The decision involved a tenant and a landlord.
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 was applied to determine the rent.
What was the argument that mattered most?
The argument centered around the application of the Housing Act 1988 to set the appropriate rent for the assured periodic tenancy.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, likely the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek a determination of rent under the Housing Act 1988 if they are in an assured periodic tenancy.
What evidence or documents mattered?
The description of the property and the terms of the tenancy agreement were likely important in making the decision.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can often be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for such cases.