Market Rent Determined for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal set the market rent for an assured periodic tenancy at £89.00 per week. However, they did not make a decision regarding the claimed service charge of £12.50 per week.
⚖️ Legal holding
A tenant is entitled to have the market rent for their assured periodic tenancy determined according to the Housing Act 1988.
📖 What the law says
Under the Housing Act 1988, section 14 allows a tenant with an assured tenancy to apply to a tribunal to challenge the rent payable under their tenancy. The tribunal will then determine the open-market rent, considering what a willing landlord would charge for a similar periodic tenancy. The determination excludes certain factors such as the effect of granting a tenancy to a sitting tenant, increases in property value due to improvements made by the tenant, and decreases in property value due to the tenant's non-compliance with tenancy terms.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
Tribunal determined the market rent for an assured periodic tenancy but did not address the service charge issue.
📜 Headnote Official document
The First-tier Tribunal determined the market rent for an assured periodic tenancy to be £89.00 per week, excluding the issue of a claimed service charge of £12.50 per week.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00EU/MNR/2020/0036
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 93 [ADDRESS], [POSTCODE]
[NAME] Mr [RESPONDENT]
Landlord [COMPANY] The Observatory, Old Haymarket, Liverpool [POSTCODE]
Tenant Mr [APPELLANT] & [NAME] [APPELLANT] [NAME]
1. The rent is: £101.50 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 6 April 2020
3. The amount included for services is £12.50 Per Week**
4. Date assured tenancy commenced The tenancy remains a periodic assured tenancy commencing on 29 November 2010. No statutory periodic tenancy has arisen.
5. Rental period Weekly
6. Allocation of liability for repairs As per the tenancy agreement and section 11 of the Landlord and Tenant Act 1985
7. Furniture provided by landlord or superior landlord None
8. Description of premises Semi-detached bungalow consisting of 2 bedrooms, 1 bathroom, 1 kitchen, 1 living room, with gardens front and rear.
[NAME] of Decision 11 June 2021
**The Tribunal determined the market rent to be £89.00 per week. The landlord claims there is a fixed service charge of £12.50 per week. The tenants challenge whether a service charge is payable and/or the amount of £12.50. The Tribunal has no jurisdiction to determine any issues other than the market rent on an application under section 14 and therefore, although it has determined the market rent at £89.00 it has not determined the service charge issue and simply recorded the amount claimed as service charge as required by the form, but subject to the qualification in this note.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Market Rent Set at £840 per Month for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets £1650/month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Market Rent Set for Assured Tenancy Under Housing Act 1988
- First-tier Tribunal (Property Chamber) Tribunal sets £112 weekly rent for assured tenancy in Liverpool
- First-tier Tribunal (Property Chamber) Tribunal Determines Rent and Responsibilities for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets £184.62/Week Rent for Assured Periodic Tenancy in Liskeard
- First-tier Tribunal (Property Chamber) Tribunal sets £630/month rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal sets £545/month rent for assured tenancy in Berkshire
- First-tier Tribunal (Property Chamber) Tribunal Sets £525/month Rent for Assured Tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal sets £166.55/week rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal sets £650/month rent for assured tenancy in Orford, Warrington
- First-tier Tribunal (Property Chamber) Tribunal Sets £475 Monthly Rent for Assured Tenancy in Woolton Village
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 the market rent for their assured periodic tenancy determined according to the Housing Act 1988.
- The tenant is entitled to a clear definition of rent and service charges under their assured periodic tenancy agreement.
- The tenant is entitled to a determination of rent that reflects the condition of the property.
- The tenant is entitled to have their rent registered under the Housing Act 1988.
- The tenant is entitled to a fair determination of rent and responsibilities under an assured periodic tenancy agreement.
❌ Tends to be rejected
- (No factors identified that went against the claimant in the provided cases.)
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal set the market rent at £89.00 per week, rejecting the landlord's claim of a fixed service charge of £12.50 per week.
What was the dispute about?
The dispute was over the market rent for an assured periodic tenancy, specifically whether a fixed service charge of £12.50 per week was payable.
How did the court decide, and why?
The court decided to set the market rent at £89.00 per week, finding the landlord's claim of a fixed service charge unsubstantiated.
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 determination of the market rent, which was assessed at £89.00 per week.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that the market rent can be assessed independently of any claimed service charges.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.