Rent Determination for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. This means the rent was set according to the Housing Act 1988, ensuring fair treatment for tenants.
⚖️ 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, considering factors like the type of tenancy, the start date of the new tenancy, and the terms of the original tenancy. The tribunal will disregard certain factors when determining the rent, such as the effect of granting a tenancy to a sitting tenant, increases in property value due to improvements made by the tenant, and decreases in property value due to the tenant's non-compliance with tenancy terms.
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 into account the relevant statutory provisions and the terms of the tenancy agreement.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00BK/MNR/2021/0121
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 50 [ADDRESS], [POSTCODE]
[NAME] [NAME]) Address 16/[ADDRESS], Southend-on-sea, Essex, [POSTCODE]
Tenant Miss [APPELLANT]
1. The rent is: £ 1415.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 6 July 2021
*3. The amount included for services is not applicable N/A Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 6 June 2015
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs S11 Landlord and Tenant Act 1985
8. Furniture provided by landlord or superior landlord None
9. Description of premises Flat in mansion block, 2 bedrooms, living room, kitchen, bathroom/WC
[NAME] of Decision 7 August 2021
📊 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) 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) 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) 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 tribunal determined the rent to be £1415.00 per calendar month.
- The decision on the rent took effect from 6 July 2021.
- The tenancy agreement started on 6 June 2015.
- The premises are described as a flat in a mansion block with two bedrooms, a living room, kitchen, and bathroom/WC.
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 decided based on the Housing Act 1988, which provides guidelines for setting rents.
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 tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their rent is set fairly according to the Housing Act 1988.
What evidence or documents mattered?
The tenancy agreement and relevant statutory provisions 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.