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 £98.06, excluding some costs like water rates and council tax but including service charges.
⚖️ 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, a tenant can apply to a tribunal to challenge the rent payable under their assured tenancy. However, the application 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. Additionally, a tenant can also challenge a new rent proposed in a notice under sections 13(2) or 13A(2). The tribunal will then determine the rent at which the property might reasonably be expected to be let in the open market by a willing landlord under similar conditions.
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 First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy under the Housing Act 1988. The rent was set at £98.06 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/2019/0015
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] [NAME]
Landlord [NAME] [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant Mr [APPELLANT] [NAME] & Mrs [APPELLANT] [NAME]
1. The rent is: £98.06 Per week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1 April 2019
3. The amount included for services is £4.01 Per week
4. Service charges are variable and are not included
5. Date assured tenancy commenced 31 January 2000
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 End terraced house with 3 bedrooms
[NAME] (Hons) FRICS Date of Decision 24 May 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 Under Housing Act 1988
- 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
- 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) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination 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
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 requested a rent determination under section 14 of the Housing Act 1988.
- The court recognized the tenant's entitlement to have their rent determined under section 14.
- Previous similar cases resulted in the claim being allowed.
❌ Tends to be rejected
- No specific factors identified that went against the claimant in the provided cases.
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 £98.06 per week.
Who was involved?
A tenant and a landlord were involved.
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 Section 14 was applied.
What was the argument that mattered most?
The argument focused on the statutory requirements for setting 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 a rent determination under the Housing Act 1988.
What evidence or documents mattered?
Evidence related to the tenancy agreement and statutory requirements was 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.