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 £1737.49, which includes service charges but excludes water rates and council tax.
⚖️ Legal holding
A tenant is entitled to a fair rent determination under 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, except if the rent is based on a previous determination or more than six months have passed since the start of the tenancy. The tribunal will then decide on the rent that a willing landlord would charge for a similar property in the open market.
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 £1737.49 per calendar month, excluding water rates and council tax but including service charges.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BG/MNR/2022/0042
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 403 [ADDRESS], [POSTCODE]
Mr [NAME] Lawyer Mrs [RESPONDENT]
Landlord [COMPANY] 45 [ADDRESS], [POSTCODE]
Tenant Ms [APPELLANT]
1. The rent is: £ 1737.49 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 27 August 2022
*3. The amount included for services is/is
negligible/not applicable 177.49 Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 27th October 2021
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs As per s.11 Landlord and Tenant Act 1985
8. Furniture provided by landlord or superior landlord None
9. Description of premises 2 bedroom flat on the 4th floor with open plan kitchen/lounge and bathroom/WC
Chairman Judge Shepherd Date of Decision 9th August 2022
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair 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 Adjusts Rent for Assured 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) Rent Determination for Assured Periodic Tenancy
- 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 Decis…
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Decis…
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
- A tenant is entitled to have their rent assessed and set by the First-tier Tribunal.
- A tenant is entitled to a fair rent determination under the Housing Act 1988.
- A tenant is entitled to a fair rent adjustment based on the property's condition and market conditions.
- A tenant is entitled to a determination of rent under an assured periodic tenancy according to the Housing Act 1988.
- A 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 £1737.49 per month.
Who was involved?
A tenant and a landlord, specifically Peabody Trust.
How did the court decide, and why?
The court followed the Housing Act 1988 to determine a fair rent.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was used to determine the rent.
What was the argument that mattered most?
Ensuring the rent was fair and reasonable under the Housing Act.
Was the decision for or against the person who brought the case?
The decision was for the tenant, setting a fair rent.
What does this mean for someone in a similar situation?
Someone in a similar situation should seek a fair rent determination under the Housing Act.
What evidence or documents mattered?
Evidence regarding the property and the terms of the tenancy were considered.
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 such cases.