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AllowedFirst-tier Tribunal (Property Chamber)·

Rent Determination for Assured Periodic Tenancy Set at £118.03 Weekly

Case No.

📌 In brief

The First-tier Tribunal decided on the rent for an assured periodic tenancy. They set the weekly rent at £118.03, excluding some costs but including service charges. This decision applies the Housing Act 1988.

⚖️ Legal holding

A tenant is entitled to a rent determination under Section 14 of the Housing Act 1988.

Topics

tenancyrent determinationassured periodic tenancy

Provisions

📖 What the law says

Housing Act 1988 s.14

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. The tribunal will then determine the rent based on what a willing landlord might expect to receive for letting the property in the open market. The determination considers the periodic nature of the tenancy, the start date of the new tenancy, and the terms of the original tenancy, excluding certain factors like improvements made by the tenant.

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 Tribunal determined the rent for an assured periodic tenancy under Section 14 of the Housing Act 1988. The rent was set at £118.03 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/00CS/MNR/2023/0081

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 42 [ADDRESS], [POSTCODE]

[NAME] Mr [RESPONDENT] [NAME]

Landlord Midland Heart Address [ADDRESS], Birmingham, [POSTCODE]

Tenant [NAME]

1. The rent is: £118.03 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 3 April 2023

3. The amount included for services is £30.30 Per week

4. Date assured tenancy commenced 12 November 2015

5. Length of the term or rental period Weekly

6. Allocation of liability for repairs Section 11 7. Furniture provided by landlord or superior landlord Not applicable 8. Description of premises Second floor flat comprising hallway, open plan living room, kitchen, x1 double bedroom and family bathroom. Gated entrance + communal gardens.

[NAME] of Decision 17 August 2023

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

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 rent determination under Section 14 of the Housing Act 1988.
  • The tenant's request is based on the Housing Act 1988.
  • The tenant seeks to have their rent set according to the law.

❌ Tends to be rejected

  • No specific factors identified as leading to a decision 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 £118.03 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 for rent determinations.

Which laws or rules were applied?

The Housing Act 1988 Section 14 was applied.

What was the argument that mattered most?

The argument centered around the calculation of the 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.

What evidence or documents mattered?

Evidence related to the tenancy agreement and relevant financial records 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 legal advice from a qualified solicitor.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.