Rent Determination for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. The decision was based on the Housing Act 1988 and took effect on 10 November 2022.
⚖️ Legal holding
A tenant is entitled to have their rent set 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 their assured tenancy. The tribunal will then decide on the open-market rent that a willing landlord would charge for a similar tenancy. However, applications cannot be made if the rent is based on a previous determination 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 determined the rent for an assured periodic tenancy under the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy under the Housing Act 1988. The decision took effect on 10 November 2022.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00BG/MNR/2022/0204
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 [RESPONDENT] c/o [NAME], 34 [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT] [NAME]
1. The rent is: £ 2100 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 10 November 2022
*3. The amount included for services is/is
negligible/not applicable
Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 10 October 2018
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs Tenant – tenant-like user. Landlord – ss 11-14 Landlord and Tenant Act 1985
8. Furniture provided by landlord or superior landlord Bed frame and mattress x2, two wardrobe, dining table and chairs, foot rack, bedside table x3
9. Description of premises Modern purpose built 2 bedroom 2 bathroom flat with living room, kitchen and balcony
[NAME] of Decision 3 February 2023
📊 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 Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured 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 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 Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic 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's right to have their rent set according to the Housing Act 1988 was recognized.
- Courts consistently allowed claims based on the Housing Act 1988 for setting rent.
- There were no significant defenses presented by landlords in these cases.
- All cases where the tenant claimed under the Housing Act 1988 were allowed.
- The Housing Act 1988 provides clear entitlements for tenants regarding rent setting.
❌ Tends to be rejected
- No specific arguments or defenses were successful in overturning the tenant's claim.
- None of the cases had outcomes other than allowing the tenant's claim under the Housing Act 1988.
- There were no instances where the court decided against the tenant based on the Housing Act 1988.
- The landlord did not provide sufficient reasons to deny the tenant's request for rent setting under the Act.
- No cases showed a successful challenge to the tenant's rights as defined by the Housing Act 1988.
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.
How did the court decide, and why?
The court followed the Housing Act 1988 to determine the rent.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The application of the Housing Act 1988 was crucial.
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 should refer to the Housing Act 1988 for rent determination.
What evidence or documents mattered?
The evidence and documents related to the tenancy agreement and the 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 is recommended to seek advice from a qualified solicitor for such cases.