First-tier Tribunal Sets Rent for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. They set the weekly rent at £98.06, which includes some service charges but excludes water rates and council tax.
⚖️ 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 that a willing landlord would expect to receive for letting the property in the open market.
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 £98.06 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/2019/0012
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 11 [ADDRESS], [POSTCODE]
[NAME] (Hons) FRICS Mr [RESPONDENT] [NAME]
Landlord [NAME] [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant Mr [APPELLANT] & Mrs [APPELLANT]
1. The rent is: £98.06 Per week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1 April 2019
3. The amount included for services is £4.01 Per week
4. Service charges are variable and are not included
5. Date assured tenancy commenced 14 February 2000
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 End terrace house with 3 bedrooms
[NAME] (Hons) FRICS Date of Decision 24 May 2019
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) 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 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) 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 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) 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 requests a determination of their rent under section 14 of the Housing Act 1988.
❌ Tends to be rejected
- No relevant factors identified in the provided cases that went against the claimant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision set the rent for an assured periodic tenancy at £98.06 per week.
Who was involved?
The tenant and the landlord were involved in the case.
How did the court decide, and why?
The court decided based on the Housing Act 1988, which provides the framework for determining rents 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 calculation of the rent based on the statutory requirements under the Housing Act 1988.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, likely the tenant seeking a fair rent determination.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they understand the statutory requirements for rent determination under the Housing Act 1988.
What evidence or documents mattered?
Evidence such as the terms of the tenancy agreement and relevant financial records would have been considered.
Can a decision like this be appealed?
Yes, decisions like this can often be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is generally advisable to seek legal advice from a qualified solicitor for cases involving rent determination.
