Rent Determination for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy. They set the weekly rent at £105.17, which 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.
📖 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 considers the periodic nature of the tenancy, the start date of the new tenancy, and the terms of the original tenancy, excluding certain factors like improvements made by the tenant.
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 Section 14 of the Housing Act 1988. The rent was set at £105.17 per week 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/2019/0017
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 17 [ADDRESS], [POSTCODE]
[NAME] (Hons) FRICS Mr [RESPONDENT]
Landlord [RESPONDENT] [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant Ms [APPELLANT]
1. The rent is: £105.17 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 01 April 2019
3. The amount included for services is £24.36 Per Week
4. Service charges are variable and are not included
5. Date assured tenancy commenced 27 November 1995
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs L+T 1985
8. Furniture provided by landlord or superior landlord -
9. Description of premises One bedroom fourth floor flat
[NAME] (Hons) FRICS Date of Decision 4 July 2019
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- 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) Tribunal Sets Rent for Assured Periodic Tenancy
- 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) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines 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 Tenancy Under Housing Act 1988
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 £105.17 per week.
- The decision on the rent took effect from April 1, 2019.
- The determined rent included £24.36 per week for services.
- The property was described as a one-bedroom fourth-floor flat.
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 at £105.17 per week.
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, specifically Section 14, which allows for rent determination.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The argument centered around the lawful basis for determining the rent under the Housing Act.
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 seek rent determination through the First-tier Tribunal under the Housing Act.
What evidence or documents mattered?
Evidence related to the tenancy agreement and relevant financial records were likely 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 consult a solicitor for legal advice on such matters.
