Rent Determination for Assured Periodic Tenancy
📌 In brief
The Tribunal set the rent for an assured periodic tenancy, ensuring that certain costs like water rates and council tax are excluded while others like service charges are included. This decision affects tenants and landlords in similar situations.
⚖️ Legal holding
A tenant is entitled to a rent determination under an assured periodic tenancy.
📖 What the law says
Under the Housing Act 1988, section 14 allows a tenant under an assured tenancy to 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 excludes certain factors such as the granting of a tenancy to a sitting tenant, increases in value due to improvements made by the tenant, and decreases in value due to the tenant's non-compliance with the tenancy terms.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy, excluding water rates and council tax but including service charges. The decision took effect on 31 May 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AU/MNR/2023/0224
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 7A [ADDRESS], [POSTCODE]
[NAME] Mr [RESPONDENT] [NAME]
Landlord [COMPANY] [ADDRESS], [POSTCODE]
[NAME] [APPELLANT]
1. The rent is: £ 1445.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 31 May 2023
*3. The amount included for services is not applicable
Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 13th September 2017
6. Length of the term or rental period Periodic Tenancy
7. Allocation of liability for repairs In accordance with agreement
8. Furniture provided by landlord or superior landlord Bed and sofa
9. Description of premises A converted ground floor one bedroom flat forming part of a Victorian building containing 3 flats with communal garden.
[NAME] of Decision 8TH August 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) Rent Determination 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 New Rent for Property Based on Market Value
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Set at £750
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Decis…
- First-tier Tribunal (Property Chamber) Market Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tenant Wins Rent Adjustment Based on Property Condition
- First-tier Tribunal (Property Chamber) First-tier Tribunal Adjusts Rent Based on Property Condition
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Market Rent for Tenancy Dispute
- First-tier Tribunal (Property Chamber) Tribunal Sets New Rent for Assured 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 tenant was entitled to a rent determination under an assured periodic tenancy.
- The Tribunal determined the rent to be £1445.00 per calendar month.
- The decision on the rent determination took effect on 31 May 2023.
- The tenancy was an assured periodic tenancy that commenced on 13th September 2017.
- The flat was a converted ground floor one-bedroom flat in a Victorian building with a communal garden.
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, setting the rent to include service charges but exclude water rates and council tax.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The argument about what should be included in the rent was crucial.
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 set according to the same criteria.
What evidence or documents mattered?
The tenancy agreement and relevant legislation were 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's recommended to seek advice from a qualified solicitor for such cases.