Rent Determination for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy. This judgment clarifies how the rent is set based on the Housing Act 1988, taking into account the property's condition and the services provided.
⚖️ Legal holding
A tenant is entitled to a determination of rent under an assured periodic tenancy according to 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 an assured tenancy, except if the rent is based on a previous determination or more than six months have passed since the start of the tenancy. The tribunal will then decide the rent based on what a willing landlord would charge for a similar property in the open market.
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 Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988, considering the relevant factors such as the property's condition and the services provided.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AZ/MNR/2023/0103
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 [ADDRESS], [POSTCODE]
[NAME]
Landlord Mr [RESPONDENT] C/O Mr [RESPONDENT] [NAME], [NAME] 11,[ADDRESS] [POSTCODE]
Tenant Ms [APPELLANT] [NAME] & Mr [APPELLANT]
1. The rent is: £ 1275.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 22nd June 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 October 2017
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs Landlord Structure and exterior Tenant internal Decoration
8. Furniture provided by landlord or superior landlord No furniture but all white goods and majority of floor coverings. Some carpets and all curtains provided by Tenant
9. Description of premises One bedroom flat on first floor of a purpose built 3 storey residential block finished in brick below pitched tile roof. The property does not have the benefit of a lift and whilst there are garages on the ground floor the landlord has retained this for own use.
[NAME] of Decision 22nd June 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 Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Set at £800 Monthly
- 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) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Tenancy at £950 Per Month
- 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 Decis…
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 tribunal determined the rent for the property to be £1275.00 per calendar month.
- The landlord is responsible for repairs to the structure and exterior of the property.
- The landlord provided white goods and most floor coverings for the flat.
- The property is a one-bedroom flat on the first floor of a three-storey residential block.
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?
The tenant and the landlord were involved.
How did the court decide, and why?
The court considered the property's condition and the services provided to determine the rent.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The condition of the property and the services provided were crucial arguments.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek a rent determination through the First-tier Tribunal.
What evidence or documents mattered?
Evidence regarding the property's condition and the services provided were important.
Can a decision like this be appealed?
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 get advice from a qualified solicitor for a case like this.
