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 rent at £425 per month starting from September 1, 2021. This decision was made by two judges in the First-tier Tribunal (Property Chamber).
⚖️ Legal holding
A tenant is entitled to a determination of rent under an assured periodic tenancy according to the Housing Act 1988.
📖 What the law says
Under the Housing Act 1988, a tenant under an assured tenancy can apply to a tribunal to challenge the rent payable under the 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). When determining the rent, the tribunal considers what a willing landlord would charge for a similar periodic tenancy in the open market, excluding certain factors like improvements made by the tenant or reductions due to non-compliance.
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 Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988, setting the rent at £425 per month effective from September 1, 2021. The decision was made by Mr Graham Freckelton and Mrs Kay Bentley in the First-tier Tribunal (Property Chamber).
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00FY/MNR/2021/0050
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 195 [ADDRESS], [POSTCODE]
[NAME] Mrs [RESPONDENT] [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £425.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1st September 2021
3. Date assured tenancy commenced 10 December 2016
4. Length of the term or rental period Periodic
5. Allocation of liability for repairs As per Landlord and Tenant Act
6. Furniture provided by landlord or superior landlord Bed, Desk, Chair, Wardrobe, Carpet, Curtains
7. Description of premises A room in a shared house with a communal lounge, kitchen and bathroom. The property has double glazing and gas central heating.
[NAME] of Decision 07/01/2022
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent 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) 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 (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 Determines 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 requests a determination of rent under an assured periodic tenancy as per the Housing Act 1988.
❌ Tends to be rejected
- No factors identified that went against the claimant in the provided similar cases.
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 £425 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 Housing Act 1988, which provides for the determination of rent for assured periodic tenancies.
Which laws or rules were applied?
The Housing Act 1988 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 person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek a determination of rent through the First-tier Tribunal under the Housing Act 1988.
What evidence or documents mattered?
Evidence regarding the tenancy agreement and relevant statutory provisions was considered.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for such cases.