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AllowedFirst-tier Tribunal (Property Chamber)·

Rent Determination for Assured Periodic Tenancy

Case No.

📌 In brief

The Tribunal decided on the rent for an assured periodic tenancy, setting the weekly rent at £117.98. This includes 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.

Topics

rent determinationassured periodic tenancy

Provisions

📖 What the law says

Housing Act 1988 s.14

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 rent based on what a willing landlord might expect to receive for letting the property in the open market. The application can't be made if the rent is already determined by a previous decision under this section or if more than six months have passed since the start of the tenancy.

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 Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988, setting the weekly rent at £117.98 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/2023/0093

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 21 [ADDRESS] [POSTCODE]

[NAME] (Hons) FRICS Judge David Salter

Landlord Midland Heart Address [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £117.98 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 3 April 2023

3. The amount included for services is £32.46 Per Week

4. Service charges are variable and are not included

5. Date assured tenancy commenced 16 November 1998

6. Length of the term or rental period Weekly

7. Allocation of liability for repairs Landlord and Tenant Act 1985 8. Furniture provided by landlord or superior landlord

9. Description of premises One Bedroom Fourth Floor Flat located in [NAME] of Decision 17 August 2023

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed11 cases
Other1 case

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 rent determination under section 14 of the Housing Act 1988.
  • The request is consistently granted, allowing the tenant's claim.
  • The majority of cases result in the claim being allowed.
  • There is no indication of any significant opposition to the tenant's request.
  • The court upholds the tenant's right to have their rent determined.

❌ Tends to be rejected

  • (No factors identified that led to a decision against 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 rent for an assured periodic tenancy.

Who was involved?

A tenant and a landlord were involved.

How did the court decide, and why?

The court decided based on the Housing Act 1988, which provides the framework for determining rent.

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 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 tenant.

What does this mean for someone in a similar situation?

Someone in a similar situation can expect their rent to be determined according to the Housing Act 1988.

What evidence or documents mattered?

The evidence included details about the property and the tenancy agreement.

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 advice from a qualified solicitor for such cases.

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.