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. They considered the state of the property and the financial difficulties faced by the tenant.
⚖️ 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 condition of the property and the terms of the tenancy.
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 premises' condition and hardship faced by the tenant.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00BU/MNR/2020/0055
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] Ms [RESPONDENT]
Landlord [RESPONDENT]. [RESPONDENT]. [RESPONDENT] 77 [ADDRESS], [POSTCODE]
Tenant Ms [APPELLANT]. [APPELLANT]. [APPELLANT]
1. The rent is: £900.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 06 September 2022
3. The amount included for services is
Not applicable Per
4. Date assured tenancy commenced 1 August 2018
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs
7. Furniture provided by landlord or superior landlord Unfurnished, landlord flooring, blinds, cooker
8. Description of premises 3 bed semi detached, 2 living rooms, kitchen, bathroom, separate w/c, garden front and back. UPVC windows, full central heating. Substantial disrepair
Start date for rent 6 September 2022 due to hardship
[NAME] of Decision 6 September 2022
📊 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) 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 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) 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 tenant's right to have their rent set according to the Housing Act 1988 was recognized.
- Courts consistently allowed claims where tenants requested rent adjustments under the Housing Act 1988.
- When tenants presented clear entitlements under the Housing Act 1988, their claims were often successful.
- The Housing Act 1988 provides a framework that supports tenants' rights to fair rent setting.
- Cases where the Housing Act 1988 was cited led to favorable outcomes for tenants.
❌ Tends to be rejected
- (No significant factors identified that went 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?
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, considering the condition of the property and the tenant's financial situation.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The argument about the property's condition and the tenant's financial hardship was crucial.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation may also seek a rent adjustment based on their circumstances.
What evidence or documents mattered?
Evidence regarding the property's condition and the tenant's financial situation 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.