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 £105.17, which includes some service charges but excludes water rates and council tax.
⚖️ Legal holding
A tenant is entitled to have their rent registered 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. The tribunal will then determine the rent based on what a willing landlord might expect to receive for letting the property in the open market. The determination considers the periodic nature of the tenancy, the start date of the new tenancy, and the terms of the original tenancy, excluding certain factors like improvements made by the tenant.
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. The rent was set at £105.17 per week, excluding water rates and council tax but including service charges.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2020/0028
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 21 [ADDRESS], [POSTCODE]
[NAME] (Hons) FRICS
Landlord Midland Heart Address [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £105.17 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 06 April 2020
3. The amount included for services is £29.55 Per Week
4. Service charges are variable and are not included
5. Date assured tenancy commenced November 1998
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs L + T 1985
8. Furniture provided by landlord or superior landlord -
9. Description of premises Fourth Floor Flat with [NAME] (Hons) FRICS Date of Decision 25 June 2020
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Rent Registration Confirmed for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Registration for Assured Periodic Tenancy - First-tier Tribunal Decisi…
- 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 Decides Rent Registration for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Registration for Assured Periodic Tenancy - First-tier Tribunal Decisi…
- First-tier Tribunal (Property Chamber) Rent Registration 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 Decides Rent Registration for Assured 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 registered under the Housing Act 1988.
❌ Tends to be rejected
- No specific factors identified as leading to a decision against the claimant in these 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?
The tenant and the landlord were involved.
How did the court decide, and why?
The court decided based on the Housing Act 1988, setting the rent at £105.17 per week.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The argument about the calculation of rent under the Housing Act 1988 was crucial.
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 ensure their rent is correctly calculated according to the Housing Act 1988.
What evidence or documents mattered?
Evidence related to the calculation of rent was important.
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 seek advice from a qualified solicitor for such cases.