First-tier Tribunal Sets Rent for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy by considering the local rental market value. The decision was based on the condition and size of the property.
⚖️ Legal holding
A tenant is entitled to a rent determination that reflects the local rental market value.
📖 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. The determination considers the condition and size of the property, among other factors.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal set the rent for an assured periodic tenancy based on local market conditions.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy based on the local rental market value, taking into account the condition and size of the property.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AR/MNR/2022/0035
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 114 [ADDRESS], [POSTCODE]
[NAME] (EST MAN) FRICS Mr [RESPONDENT]
Landlord [APPELLANT] 2 [ADDRESS], [POSTCODE]
Tenant Ms [APPELLANT]
1. The rent is: £ 1550.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 09 May 2022
*3. The amount included for services is/is
negligible/not applicable N/A Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 9th February 2018
6. Length of the term or rental period Monthly Periodic
7. Allocation of liability for repairs S11 & S22 – Landlord & Tenant Act 1985
8. Furniture provided by landlord or superior landlord
9. Description of premises 3 bedroom house with lounge, dining room, kitchen and garage.
[NAME] (EST MAN) FRICS Date of Decision 18th May 2022
© CROWN COPYRIGHT 2013
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/OOAR/MNR/2022/0035 Property : 114 [ADDRESS], [POSTCODE] Applicant : [redacted] Representative : None Respondent : [redacted] Representative : None Type of Application : Determination of rent under s.14 Housing Act 1988 Tribunal Members : Judge [NAME] of Decision : 18 May 2022
REASONS FOR DECISION
Covid-19 pandemic: description of hearing
This has been a remote determination on the papers, which has not been objected to by the parties. The form of hearing was P: PAPERREMOTE. A face- to-face hearing was not held because it was not practicable, and all issues could be determined on paper.
Background
The Tribunal made its determination on 18th May 2022 and the landlord subsequently requested Reasons. The Tribunal used Google Streetview to identify the location and property. It also considered the parties’ submissions.
2 The property is a good- sized semi-detached property in a pleasant location near a park. There is a hard standing in front, a garage and a good - sized garden at the rear. Built of brick under a tiled pitched roof. The evidence provided suggested some repair was needed.
The landlord is responsible for repairs to the structure and exterior of the premises pursuant to s.11 Landlord and Tenant Act 1985.
The open market rental for similar houses locally is in the region of £1500-1700 pm. At the upper level they are fully modernised and generally larger. Making necessary allowances the Tribunal decided a rental of £1550 per month.
Chairman: Judge Shepherd
Dated: 29th June 2022
Name: [NAME]: 29th June 2022
3 Rights of appeal
By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28 day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tenant Wins Rent Adjustment Based on Property Condition
- First-tier Tribunal (Property Chamber) Market Rent Determination for Semi-Detached House in Hornchurch
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Adjustment Case: Property Condition and Financial Hardship Considered
- First-tier Tribunal (Property Chamber) Tribunal Reduces Rent for Defective Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Due to Property Disrepair
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Due to Health and Safety Issues
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Reduces Proposed Rent Due to Property Condition
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 adjustment based on the condition of the property.
- The tenant is entitled to a fair rent adjustment reflecting the disrepair and poor condition of the property.
- A tenant is entitled to a fair market rent for their property, taking into account the condition and location of the property.
- The tenant is entitled to a fair rent adjustment taking into account the condition of the property.
- The tenant is entitled to a reduced rent if the property has significant defects that affect its market value.
❌ Tends to be rejected
- A tenant cannot make an application to the tribunal to review excessive rent more than six months after the commencement of an assured shorthold tenancy.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The rent for an assured periodic tenancy was set at £1550 per month.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court decided based on the local rental market value, considering the size and condition of the property.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The argument that mattered most was the local rental market value for similar properties.
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 should consider the local rental market value when determining rent.
What evidence or documents mattered?
Evidence such as the condition and size of the property, and local rental market data, mattered.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for a case like this.
