AllowedFirst-tier Tribunal (Property Chamber)·07 July 2022

Rent Determination for Assured Periodic Tenancies

Case No.

📌 In brief

The First-tier Tribunal decided on the rent for two flats under assured periodic tenancies. The rent was set at £650 per month, effective from 1st March 2022, according to the Housing Act 1988.

⚖️ Legal holding

A tenant is entitled to have their rent determined by the Tribunal under the Housing Act 1988.

Topics

rent determinationassured periodic tenancy

Provisions

Housing Act 1988 Section 14

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, a tenant with an assured tenancy can apply to a tribunal to challenge the rent payable under their tenancy. However, the application cannot be made if the rent is based on a previous tribunal determination or if more than six months have passed since the start of the tenancy. Additionally, tenants can also challenge a new rent proposed in a notice under sections 13(2) or 13A(2). 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.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The Tribunal set the rent for assured periodic tenancies in two flats.

📜 Headnote Official document

The Tribunal determined the rent for assured periodic tenancies in two flats under the Housing Act 1988, setting the monthly rent at £650, effective from 1st March 2022.

📚 Full judgment Official document

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AU/MNR/2022/0028

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 Flat 2 & 3, 514A [ADDRESS], [POSTCODE]

[NAME]

Landlord [RESPONDENT] ℅ [NAME], 121 [ADDRESS] [POSTCODE]

Tenant [NAME]/[NAME]/MR [NAME]/ [NAME]/MR [NAME]

1. The rent is: £ 650 Per Month (Including water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1st March 2022

*3. The amount included for services is not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced [NAME] : 06/04/2016 – [NAME] : 12/09/2018 – [NAME] [NAME]: 15/10/2018 [NAME]: 15/10/2018 - [NAME]: /10/2018

6. Length of the term or rental period 6 months

7. Allocation of liability for repairs Section 11 Landlord and Tenant Act 1985.

8. Furniture provided by landlord or superior landlord Wardrobe, chest of drawers, kitchen table and chairs.

9. Description of premises Two self contained three room flats located on the second and third floors above commercial premises. Each of the five applicants rent a room in each of the flats and the rental figure is based upon the rental figure for the room and shared facilities.

[NAME] of Decision 15th June 2022

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed12 cases

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 a rent determination under the Housing Act 1988.
The tenant is entitled to a fair market rent based on the property's characteristics and local rental market conditions.
The tenant can refer a landlord's rent proposal to the Tribunal for a fair market rent determination.
The tenant is entitled to a rent that reflects the open market value of their property.
The tenant is entitled to a rent assessment that takes into account the actual condition of the property, including any disrepair and defects.

❌ 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 rent for two flats under assured periodic tenancies was set at £650 per month.

Who was involved?

The decision involved a landlord and tenants living in two flats.

How did the court decide, and why?

The court decided based on the Housing Act 1988, which allows the Tribunal to determine the rent for assured periodic tenancies.

Which laws or rules were applied?

The Housing Act 1988 was applied.

What was the argument that mattered most?

The argument centered around the application of the Housing Act 1988 to determine the rent.

Was the decision for or against the person who brought the case?

The decision was for the tenants, as the rent was set according to their request.

What does this mean for someone in a similar situation?

Someone in a similar situation can seek the First-tier Tribunal to determine their rent under assured periodic tenancies.

What evidence or documents mattered?

The evidence included the tenancy agreements and relevant sections of the Housing Act 1988.

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 consult a solicitor for legal advice on such matters.

Official source: First-tier Tribunal (Property Chamber) — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.