Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Decision
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. The rent was set at £277 per week, excluding water rates and council tax but including any amounts specified in the judgment.
⚖️ 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 with an assured tenancy to apply to a tribunal to challenge the rent payable under their tenancy. The tribunal will then determine the open-market rent, considering factors such as the type of tenancy, the start date of the new tenancy, and the terms of the original tenancy. Additionally, certain factors like improvements made by the tenant or reductions due to non-compliance are disregarded when determining the rent.
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 decision took effect on 30 January 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00BE/MNR/2023/0045
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 35 [ADDRESS], [POSTCODE]
[NAME]
[RESPONDENT], St. [ADDRESS], Newcastle Upon Tyne, Tyne And Wear, [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £ 277.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 30 January 2023
*3. The amount included for services is not applicable
Per
*4. Service charges are variable and are not included
5. Date assured tenancy commenced 11TH October 2010
6. Length of the term or rental period Weekly Periodic
7. Allocation of liability for repairs S.11-Landlord & Tenant Act 1985
8. Furniture provided by landlord or superior landlord None
9. Description of premises A mid terrace Victorian house with brick elevations under a pitched roof. Rear garden, no parking. 2 reception rooms, dining room, kitchen, lavatory, two bedrooms and bathroom without WC. Gas central heating installed by tenant.
[NAME] of Decision 25th April 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 Decis…
- 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) 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) 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) 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 requests a determination of their rent under section 14 of the Housing Act 1988.
❌ Tends to be rejected
- There is no specific information indicating why a case might be decided against the claimant based on the provided similar cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The rent for an assured periodic tenancy was set at £277 per week.
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 the framework for determining rent for assured periodic tenancies.
Which laws or rules were applied?
The Housing Act 1988, specifically section 14, 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 can seek a determination of their rent under the Housing Act 1988.
What evidence or documents mattered?
Evidence such as 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 cases involving rent determination.
