Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Decision
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy. They set the rent at £375 per month, starting from October 23, 2022, after considering the condition of the property as described by the tenant.
⚖️ 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. However, an 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 apply to 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 determined the rent for an assured periodic tenancy under the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988. The Tribunal considered the evidence submitted by the tenant regarding the state of the premises and set the rent at £375 per calendar month, effective from 23 October 2022.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/30UD/MNR/2022/0218
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 77 [ADDRESS], [POSTCODE]
[NAME] J Faulkner
Landlord [RESPONDENT] 120-122 High Northgate, Darlington, Co Durham, [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £ 375.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 23 October 2022
3. The amount included for services is not applicable N/A Per N/A
4. Service charges are variable and are not included
5. Date assured tenancy commenced 23 May 2019
6. Length of the term or rental period monthly
7. Allocation of liability for repairs As per Landlord and Tenant Act 1985
8. Furniture provided by landlord or superior landlord
9. Description of premises 2 bedroom terraced property of stone under a slate roof. In reasonable condition in an area of similar properties. No internal inspection allowed and Tribunal relied on uncontradicted evidence submitted by tenant as to elements of disrepair.
[NAME] BA, LL.M Date of Decision 28 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 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) 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
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 new rent to be £375.00 per calendar month.
- The tribunal's decision on the rent took effect on October 23, 2022.
- The tribunal relied on the tenant's evidence regarding disrepair because no internal inspection was allowed and the evidence was not contradicted.
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 £375 per month.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court decided based on the evidence provided by the tenant regarding the condition of the property.
Which laws or rules were applied?
The Housing Act 1988, specifically section 14, was applied.
What was the argument that mattered most?
The tenant's description of the property's condition was crucial.
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 provide detailed evidence about the condition of their property when seeking rent determination.
What evidence or documents mattered?
Evidence about the condition of the property was important.
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.