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 £1042.00, excluding water rates and council tax, effective from January 13, 2023.
⚖️ 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). The tribunal will then determine the rent at which the property might reasonably be expected to be let in the open market by a willing landlord under similar conditions.
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 rent was set at £1042.00 per month, effective from January 13, 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/17UK/MNR/2022/0090
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 [ADDRESS], [POSTCODE]
[NAME] Mr [RESPONDENT]. [APPELLANT] [ADDRESS], Derby, De1 1FT
Tenant [APPELLANT]
1. The rent is: £1042.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 13th January 2023
3. The amount included for services is not applicable ---------- Per ----------
4. Service charges are variable and are not included
5. Date assured tenancy commenced 1st April 1991
6. Length of the term or rental period Assured
7. Allocation of liability for repairs As per Landlord and tenant Act
8. Furniture provided by landlord or superior landlord None
9. Description of premises A Dethatched house in a rural location comp, entrance porch, kitchen, hallway with cloak room and pantry off two living Rooms and sun room, on first floor are two double bedrooms, 1 single bedroom, box room and bathroom. Gas C.H, Double glazing.
[NAME] of Decision 13/01/2023
📊 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 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) 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) 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 is entitled to have their rent determined under section 14 of the Housing Act 1988.
❌ Tends to be rejected
- The tenant is entitled to have their rent determined under section 14 of 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 £1042.00 per month.
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 allows for rent determination 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 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 records were likely considered.
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 such cases.