Rent Set for Assured Tenancy Considering Property Defects
📌 In brief
The Tribunal decided on the rent for an assured periodic tenancy, considering the state of the property. They took into account issues such as black mould, damp, and faulty floor coverings, reducing the rent accordingly.
⚖️ Legal holding
A tenant is entitled to a fair rent assessment considering the condition of the premises.
📖 What the law says
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 and takes into account any relevant improvements or failures by the tenant to comply with 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 and assessed deductions for property defects.
📜 Headnote Official document
The Tribunal set the rent for an assured periodic tenancy, taking into account the condition of the premises, including defects and required repairs. The rent was set at £460 per month, effective from 14 August 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00CF/MNR/2023/0300
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 84 [ADDRESS], [POSTCODE]
[NAME] [NAME] Mrs [RESPONDENT]
Landlord [NAME] [NAME], [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £ 460.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 14 August 2023
3. The amount included for services is not applicable 0.00 Per
4. Date assured tenancy commenced 14 June 2016
5. Length of the term or rental period 6 Months
6. Allocation of liability for repairs Landlord unless terms of the lease are breached
7. Furniture provided by landlord or superior landlord NA
8. Description of premises Mid- terraced house with brick walls and slate roof. Small front garden and medium sized rear garden. Living room, kitchen, bathroom with toilet, and 3 bedrooms. The bathroom and kitchen are dated and need replacement. The floor covering in the kitchen is defective. There are various areas of black mould and damp. The rear fence and gate need repair. The rear chimney stack requires pointing. Deductions of £190 per calendar month are made from the rent to reflect these issues.
[NAME] [NAME] of Decision 8 November 2023
📊 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 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 Considering Tenant's Improv…
- 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) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy Set at £775
- 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 rent is set based on current market rates and the condition of the property.
- The tenant's improvements to the property are considered in determining the rent.
- The rent is set at 100% of the rental value as determined by the Tribunal.
- The rent is set according to the Housing Act 1988.
- The rent is determined under Section 14 of the Housing Act 1988.
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, considering the condition of the property.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court considered the condition of the property, including defects, and adjusted the rent accordingly.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The argument about the condition of the property 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 ensure their rent reflects the actual condition of the property.
What evidence or documents mattered?
Evidence of the property's condition 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.