Rent Determination for Assured Periodic Tenancy Set by First-tier Tribunal
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy, considering the current market rent and any deductions. This decision helps tenants understand their rental obligations.
⚖️ Legal holding
A tenant is entitled to a rent determination that reflects the current market conditions and any applicable deductions.
📖 What the law says
Under the Housing Act 1988, Section 14, a tenant can apply to a tribunal to challenge the rent payable under an assured tenancy. The tribunal will then determine the rent based on what a willing landlord would charge in the open market for a similar periodic tenancy. The determination excludes certain factors such as the granting of a tenancy to a sitting tenant, increases in property value due to improvements made by the tenant, and decreases in property value due to the tenant's non-compliance with tenancy terms.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal set the rent for an assured periodic tenancy, considering the open market rent and deductions.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy, taking into account the open market rent and deductions. The decision was made based on the Housing Act 1988, Section 14.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00CG/MNR/2024/0094
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] LL B BA Mrs [RESPONDENT] [COMPANY] PO Box 2070, Preston, Lancashire, [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £ 100.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 01 April 2024
3. The amount included for services is £4.99 Per Week
4. Date assured tenancy commenced 1 July 1990
5. Length of the term or rental period Not Specified
6. Allocation of liability for repairs Landlord
7. Furniture provided by landlord or superior landlord Nil. Open market rent £185 per week including services. Deductions of £85 per week. Legal [NAME] warned the Parties on 3 April 2024 that the case may be struck out for lack of jurisdiction due to the lease containing a rent review clause (section 13(1)(b). The Tribunal only had 3 pages of a lease of over 20 pages in length, but determined that the lrent review clause would not be binding on the Parties because it is silent on the issue of service charges and due to the passage of 34 years since it was created the Assured Tenancy will by now have become Statutory Periodic Tenancy.
8. Description of premises First floor flat in purpose built block, in small grounds, with paved areas, walls grass and small garden areas. The walls wooden garden edges, fences and gate need attention.
MR22 [NAME] LL B BA Date of Decision 11 June 2024
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- 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 Decis…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Tenancy with Unusual Clause
- 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) Tenant Wins Rent Reduction Due to Landlord's Neglect
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Property
- 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) Rent Determination for Assured Periodic Tenancy - First-tier Tribunal Decis…
- First-tier Tribunal (Property Chamber) Tribunal Sets Market Rent for Assured Tenancy
A snapshot of this collection — not a prediction of your case's outcome.
❓ Frequently asked questions
What did this decision decide?
The rent for an assured periodic tenancy was set at £100 per week, excluding water rates and council tax but including service charges.
Who was involved?
The tenant and the landlord were involved in the case.
How did the court decide, and why?
The court considered the open market rent and deductions to determine the fair rent for the tenancy.
Which laws or rules were applied?
The Housing Act 1988, Section 14 was applied to determine the rent.
What was the argument that mattered most?
The argument that mattered most was the consideration of the open market rent and any applicable deductions.
Was the decision for or against the person who brought the case?
The decision was for the tenant, as the rent was set according to the current market conditions.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider the current market rent and any applicable deductions when determining their rent.
What evidence or documents mattered?
Evidence such as the lease agreement and market rent data were likely considered by the court.
Can a decision like this be appealed?
Decisions like this can be appealed to a higher court if there are grounds for appeal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases involving rent determinations.