Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Judgment
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. They set the monthly rent at £475.00, which excludes water rates and council tax but includes other specified amounts.
⚖️ 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 they pay under their assured tenancy. The tribunal will then decide what rent the property could reasonably expect in the open market if rented by a willing landlord. This applies to periodic tenancies where the periods match those of the current 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 rent was set at £475.00 per calendar month, excluding water rates and council tax but including any amounts specified in the judgment.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/16UE/MNR/2023/0413
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 16 [ADDRESS] [POSTCODE]
[NAME] J [RESPONDENT]
Landlord Ms [RESPONDENT] 14 [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT] & Mrs [APPELLANT]
1. The rent is: £ 475.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 01 November 2023
3. Date assured shorthold tenancy commenced. 1 January 2019
4. Length of the term or rental period monthly
5. Allocation of liability for repairs As per the Assured Shorthold Tenancy Agreement beginning on 1 January 2019 and Section 11 of the Landlord and Tenant Act 1985.
6. Furniture provided by landlord or superior landlord Appendix 2 to the said Assured Shorthold Tenancy Agreement refers to those items included at its commencement.
7. Description of premises A small mid terraced house next to and opening directly onto the A5086. It has a box room/small home office space, bathroom (with bath, wc and basin) and a small double bedroom on the ground floor. Upstairs there is a through kitchen/living room. A door leads off the living room to an outside first floor wooden decking balcony and wooden steps. This provides the only access to the rear yard but is presently unusable because of being holed and clearly unsafe.
[NAME] of Decision 5 March 2024
📊 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) 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) Tribunal Sets 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) 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) 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 tribunal determined the rent for the property to be £475.00 per calendar month.
- The tribunal's decision on the rent took effect from November 1, 2023.
- The tenancy agreement, which started on January 1, 2019, defined the responsibilities for repairs.
- The property is a small mid-terraced house located next to and opening onto the A5086.
- The property's first-floor wooden decking balcony and steps, which provide the only access to the rear yard, were unusable and unsafe.
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 £475.00 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 Housing Act 1988, setting the rent according to the agreement between the tenant and landlord.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The argument about the terms of the tenancy agreement 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 refer to the Housing Act 1988 for rent determination.
What evidence or documents mattered?
The tenancy agreement and relevant statutory provisions mattered.
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.
