Tribunal sets £105.17/week rent for assured tenancy in Birmingham
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy. They set the weekly rent at £105.17, excluding some charges. This decision was made under the Housing Act 1988.
⚖️ Legal holding
A tenant is entitled to have their rent set according to the Housing Act 1988, section 14, which was applied in this case to determine the weekly rent.
📖 What the law says
Under the Housing Act 1988, section 14 allows a tenant with 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 at £105.17 per week, excluding certain charges but including service fees.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988, setting the weekly rent at £105.17 excluding certain charges.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2020/0024
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 17 [ADDRESS], [POSTCODE]
[NAME] (Hons) FRICS
Landlord [RESPONDENT] [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant Ms [APPELLANT]
1. The rent is: £105.17 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 06 April 2020
3. The amount included for services is £29.55 Per week
4. Service charges are variable and are not included
5. Date assured tenancy commenced November 1995
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs L + T 1985
8. Furniture provided by landlord or superior landlord None
9. Description of premises Fourth Floor Flat with [NAME] (Hons) FRICS Date of Decision 17 June 2020
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets £117.98 Weekly Rent for Assured Tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal sets £1250/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal Sets £120/week Rent for Assured Tenancy in Bury
- First-tier Tribunal (Property Chamber) Tribunal confirms £2,250/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £185 weekly rent for assured tenancy in Birmingham
- First-tier Tribunal (Property Chamber) Tribunal sets £1500/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £825/month rent for assured tenancy in large housing estate
- First-tier Tribunal (Property Chamber) Tribunal Sets £600 Monthly Rent for Assured Tenancy in [Name]
- First-tier Tribunal (Property Chamber) Tribunal sets £274.75 weekly rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £950/month rent for assured tenancy in Large City
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 request for rent determination is granted by the court.
- Multiple previous requests for rent determination under the same act are successful.
- The court consistently upholds the tenant's right to have their rent determined under section 14.
- The Housing Act 1988 is cited as the legal basis for determining rent.
❌ Tends to be rejected
- (No significant factors identified that went 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?
The rent for an assured periodic tenancy was set at £105.17 per week, excluding water rates and council tax but including service fees.
What was the dispute about?
The dispute was over the appropriate rent for an assured periodic tenancy, specifically the amount that should be charged per week.
How did the court decide, and why?
The court decided to set the rent at £105.17 per week, following the statutory guidelines under the Housing Act 1988.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied to determine the rent for the assured periodic tenancy.
What was the argument that mattered most?
The argument that mattered most was the application of statutory guidelines to determine the appropriate rent for the assured periodic tenancy.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant, setting the rent at £105.17 per week.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means that the rent for an assured periodic tenancy can be set according to statutory guidelines.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.
