First-tier Tribunal Sets Rent for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal decided on the rent and service charges for an assured periodic tenancy under Section 14 of the Housing Act 1988, setting the weekly rent at £112.00 excluding water rates and council tax but including a fixed amount for services.
⚖️ Legal holding
A tenant is entitled to have their rent and service charges set by a First-tier Tribunal 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 reasonably expect to receive for letting the property in the open market under similar conditions.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy under Section 14 of the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal determined the rent and service charges for an assured periodic tenancy under Section 14 of the Housing Act 1988, setting the weekly rent at £112.00 excluding water rates and council tax but including a fixed amount for services.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2023/0109
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 12b [ADDRESS] [POSTCODE]
[NAME] D Satchwell
Landlord Midland Heart Address Midland Heart, [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant [NAME]
1. The rent is: £112.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 3 April 2023
3. The amount included for services is £10.87 Per Week
4. Service charges are variable and are not included
5. Date assured tenancy commenced 1 August 1987
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs s.11 8. Furniture provided by landlord or superior landlord N/A 9. Description of premises Self-contained Flat in converted three storey house.
[NAME] of Decision 19 October 2023
📊 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 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
- 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 at £795 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 Registration 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 and service charges set by a First-tier Tribunal under Section 14 of the Housing Act 1988.
- The tenant is entitled to a determination of rent under an assured periodic tenancy according to the Housing Act 1988.
- The tenant is entitled to a rent assessment based on the open market value of the property, considering its condition and location.
- The tenant is entitled to a fair rent for an assured periodic tenancy based on the open market value of similar properties.
- The tenant is entitled to have their rent registered 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?
The Tribunal set the rent and service charges for an assured periodic tenancy.
Who was involved?
A tenant and their landlord were involved in setting the rental terms.
How did the court decide, and why?
The court decided based on the Housing Act 1988 to set a fair rent for the assured periodic tenancy.
Which laws or rules were applied?
Section 14 of the Housing Act 1988 was applied.
What was the argument that mattered most?
The argument about setting a fair and reasonable rent under Section 14 was central to the decision.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, as it set a fair rent based on statutory requirements.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek a determination from the First-tier Tribunal to ensure their rent is fair and reasonable.
What evidence or documents mattered?
Evidence of the property's condition, market rents, and any service charges were likely considered.
Can a decision like this be appealed?
Yes, decisions can often be appealed to a higher court if there are grounds for appeal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for specific legal issues.