Rent Determination for Assured Shorthold Tenancy
📌 In brief
The First-tier Tribunal decided on the rent for an assured shorthold tenancy. This means the rent was set according to the Housing Act 1988, considering the specific details of the tenancy agreement.
⚖️ Legal holding
A tenant is entitled to have their rent determined according to the Housing Act 1988.
📖 What the law says
Under the Housing Act 1988, section 22 allows a tenant of an assured shorthold tenancy to apply to an appropriate tribunal for a determination of a fair rent. However, applications cannot be made if the rent was previously determined under this section, if more than six months have passed since the start of the tenancy, or if the tenancy falls under certain conditions outlined in section 20(4). Additionally, the tribunal will only determine a new rent if there are enough similar properties in the area and if the current rent is significantly higher than what could reasonably be expected.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
Decision on rent determination for an assured shorthold tenancy.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the rent for an assured shorthold tenancy under the Housing Act 1988. The decision took into account the relevant statutory provisions and the specific circumstances of the tenancy.
📚 Full judgment Official document
OUTCOME: Allowed
MR24 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00BK/MDR/2023/0010
Notice of the Tribunal Decision and Register of Rents under Assured Shorthold Tenancies (Section 22 Determination)
Housing Act 1988 Section 22
Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]
[NAME]
Landlord [RESPONDENT] 90 [ADDRESS] [POSTCODE]
Tenant [NAME]
1. The rent is: £ 3445.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 1st October 2022
*3. The amount included for services is not applicable
Per
*4. Service charges are variable and are not included
5. Date assured shorthold tenancy commenced 1st October 2022
6. Length of the term or rental period Three years
7. Allocation of liability for repairs Landlord
8. Furniture provided by landlord or superior landlord Specified in Inventory
9. Description of premises Three-bedroom, two bathrooms, one living room, kitchen and garden property with garden across lower ground and raised ground floors
Chairman R [NAME] of Decision 6th July 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) First-tier Tribunal Sets Rent 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 Tenancy Set by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Shorthold Tenancy Set by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Set at £1400 Monthly
- 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 (Property Chamber) 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 is entitled to have their rent determined according to the Housing Act 1988.
❌ Tends to be rejected
- No significant factors identified that went against the claimant in these cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided on the rent for an assured shorthold 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, taking into account the specific terms of the tenancy agreement.
Which laws or rules were applied?
The Housing Act 1988 Section 22 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 should ensure their tenancy agreement complies with the Housing Act 1988.
What evidence or documents mattered?
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 always recommended to seek advice from a qualified solicitor for such cases.
