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 £392.30, excluding some charges like 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, 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 apply to challenge a new rent proposed in a notice under sections 13(2) or 13A(2). The tribunal will then determine the rent based on what a willing landlord would charge in the open market for a similar tenancy.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined 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 rent was set at £392.30 per week, effective from April 3rd, 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00BG/MNR/2023/0090
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 7 [ADDRESS], [POSTCODE]
[NAME]
Landlord Poplar [ADDRESS], [POSTCODE]
Tenant Miss G [APPELLANT]
1. The rent is: £ 392.30 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 3rd April 2023
*3. The amount included for services is 28.97 Per Week
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 10th April 2017
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs In accordance with agreemment
8. Furniture provided by landlord or superior landlord None.
9. Description of premises A second floor two/three bedroom maisonette with living room, kitchen bathroom.
[NAME] of Decision 5th June 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 Determines 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 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) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent at £800 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.
❌ Tends to be rejected
- No specific 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?
It decided the rent for an assured periodic tenancy.
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 rents.
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 an assured periodic tenancy.
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 if they cannot agree with their landlord.
What evidence or documents mattered?
Evidence such as tenancy agreements and previous rent payments likely played a role.
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 get legal advice from a solicitor for cases involving rent determination.
