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 £115, excluding water rates and council tax.
⚖️ Legal holding
A tenant is entitled to a rent determination under the Housing Act 1988.
📖 What the law says
Under the Housing Act 1988, a tenant with an assured tenancy can 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, a tenant 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 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 determined the rent for an assured periodic tenancy under the Housing Act 1988. The rent was set at £115 per week, excluding water rates and council tax.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/17UB/MNR/2023/0186
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 3 [ADDRESS], [POSTCODE]
[NAME] Mr [RESPONDENT]
[ADDRESS], [POSTCODE]
[NAME]
1. The rent is: £115 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 19/09/2023
3. The amount included for services is not applicable
Per
4. Date assured tenancy commenced Not known
5. Length of the term or rental period Assured
6. Allocation of liability for repairs As per Landlord and Tenant Act
7. Furniture provided by landlord or superior landlord None
8. Description of premises A terraced cottage comprising 1 living room, kitchen and bathroom on the ground floor. Three bedrooms. Electric heating.
Chairman [NAME] of Decision 19/12/2023
📊 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 Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines 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 Set at £775
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Set at £715 Monthly
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured 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 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 a rent determination under 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 at £115 per week.
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 for rent determinations.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The argument centered around the statutory requirements for setting rent under the Housing Act.
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.
What evidence or documents mattered?
Evidence related to the property and the terms of the tenancy agreement were likely considered.
Can a decision like this be appealed?
Yes, 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.
