Rent Assessment 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 £323.07, excluding some charges. This decision was made under the Housing Act 1988.
⚖️ Legal holding
A tenant is entitled to have their rent assessed 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. 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. This applies to periodic tenancies where the periods match those of the original tenancy.
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 First-tier Tribunal assessed the rent for an assured periodic tenancy under the Housing Act 1988, setting the weekly rent at £323.07 excluding certain charges.
📚 Full judgment Official document
OUTCOME: Allowed
MR22
First-tier Tribunal – Property Chamber File Ref No.
JM/LON/00BH/MNR/2021/0138
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
25 [ADDRESS], [POSTCODE]
Tribunal Judge Aileen Hamilton-Farey LLB FRICS
Landlord
[NAME]
83 Broad Acres, Hatfield, Hertfordshire, [POSTCODE]
Tenant
[NAME]
1. The rent is: £
323.07
Per
Week
(excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is:
08 November 2021
*3. The amount included for services is not applicable
N/A
Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced
23rd March 2011
6. Length of the term or rental period
Weekly
7. Allocation of liability for repairs
S.11 Applies
8. Furniture provided by landlord or superior landlord
None.
9. Description of premises
A three-bedroom, one living room, kitchen, bathroom/w.c. house with garden.
Chairman
Aileen Hamilton-Farey
Date of Decision
7 January 2022
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy Under Housing Act 1988
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Assessment for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Assessment for Assured Periodic Tenancy - First-tier Tribunal Decision
- 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) Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets New Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets New Market Rent for Tenancy Agreement
- First-tier Tribunal (Property Chamber) Tribunal Adjusts Rent to £1,800 After Considering Property Condition
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
- Tenants are entitled to have their rent assessed under section 14 of the Housing Act 1988.
- Rent adjustments are based on the open market value of the property.
- Fair market rents are determined by comparing similar properties in the area.
- Rent assessments take into account the condition of the property.
- Determinations consider the local rental market conditions.
❌ Tends to be rejected
- No factors identified as all cases favored the claimant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set the weekly rent for an assured periodic tenancy at £323.07, excluding certain charges.
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 the framework for assessing rents.
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 statutory requirements for rent assessment under the Housing Act 1988.
Was the decision for or against the person who brought the case?
The decision was for the tenant, setting the rent as requested.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek a rent assessment under the Housing Act 1988.
What evidence or documents mattered?
Evidence related to the tenancy agreement and statutory requirements was considered.
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 legal advice from a qualified solicitor for such cases.
