First-tier Tribunal Sets Rent for Assured Tenancy
📌 In brief
The First-tier Tribunal set the rent for an assured periodic tenancy at £750 per month. The decision excluded water rates and council tax from this amount but included other specified charges, as determined under Section 14 of the Housing Act 1988.
⚖️ Legal holding
A landlord is entitled to determine the rent for an assured periodic tenancy in accordance with Section 14 of the Housing Act 1988.
📖 What the law says
Under this section, a tenant under an assured tenancy can 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 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 the rent amount. Additionally, certain factors are disregarded when determining the rent, such as the effect of granting a tenancy to a sitting tenant, increases in the property's value due to improvements made by the tenant, and decreases in the property's value due to the tenant's non-compliance with tenancy terms.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy under Section 14 of the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal determined the rent for an assured periodic tenancy under Section 14 of the Housing Act 1988, setting a monthly rent excluding water rates and council tax but including any amounts specified in paragraph 3.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2023/0149
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 [ADDRESS] Barr [POSTCODE]
[NAME] [NAME] [RESPONDENT]
Landlord [NAME] c/o [NAME] [ADDRESS] [POSTCODE]
Tenant [NAME]
1. The rent is: £750 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 16 August 2023
3. The amount included for services is not applicable - Per -
4. Date assured tenancy commenced 16 October 2016
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs Section 11 of LTA 1985
7. Furniture provided by landlord or superior landlord Not applicable
8. Description of premises Two storey semi-detached house comprising living room, kitchen, family bathroom and 3 bedrooms and front and rear garden. Landlord fitted central heating, double glazed windows, carpets and cooker. Tenant supplied curtains and washing machine and fridge. Landlord declared some cracks to external walls which are being dealt with via insurance claim.
[NAME] of Decision 3 October 2023
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- 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 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 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 Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination 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 rent is determined under Section 14 of the Housing Act 1988.
- The landlord is entitled to determine the rent for an assured periodic tenancy.
- The rent determination is in accordance with statutory provisions.
- A tenant is entitled to have their rent set according to the Housing Act 1988.
- A tenant is entitled to a register of rents under an assured periodic tenancy as per the Housing Act 1988.
❌ Tends to be rejected
- A landlord is entitled to determine the rent for an assured periodic tenancy 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?
The First-tier Tribunal set the rent for an assured periodic tenancy at £750 per month.
Who was involved?
A landlord and a tenant were involved in the case.
How did the court decide, and why?
The decision was made based on Section 14 of the Housing Act 1988, which allows landlords to determine rent for assured periodic tenancies.
Which laws or rules were applied?
Section 14 of the Housing Act 1988 was applied in this case.
What was the argument that mattered most?
The landlord's right to set a reasonable rent under Section 14 was the central issue.
Was the decision for or against the person who brought the case?
The decision was for the landlord, setting the rent as requested.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek determination of their rent under Section 14 if they are unable to agree with their landlord.
What evidence or documents mattered?
The tenancy agreement and the condition of the property were key pieces of evidence.
Can a decision like this be appealed?
Yes, decisions from the First-tier Tribunal can typically be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for specific legal issues.