AllowedFirst-tier Tribunal (Property Chamber)·19 September 2023

Tribunal sets £105.53 weekly rent for assured tenancy in Birmingham

Case No.

📌 In brief

A tenant's rent was set by a First-tier Tribunal under Section 14 of the Housing Act 1988, determining that the weekly rent is £105.53 excluding certain charges like water rates and council tax.

⚖️ 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 rent for a modern ground floor flat.

Topics

tenancyrent determination

Provisions

Housing Act 1988 s.14

📖 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 application can't be made if the rent is already set by a previous determination under this section or if more than six months have passed since the start of the tenancy.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The rent for an assured periodic tenancy was set at £105.53 per week, excluding certain charges but including service fees.

📜 Headnote Official document

The First-tier Tribunal determined the rent and service charges for an assured periodic tenancy under Section 14 of the Housing Act 1988, setting the weekly rent at £105.53 excluding water rates and council tax.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2023/0049

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 49 [ADDRESS], [POSTCODE]

I D Humphries FRICS J Arain

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

Tenant [NAME]

1. The rent is: £105.53 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 03.04.23

3. The amount included for services is applicable £14.95 Per month

4. Date assured tenancy commenced 23.02.21

5. Length of the term or rental period Weekly

6. Allocation of liability for repairs S. 11

7. Furniture provided by landlord or superior landlord None

8. Description of premises Modern ground floor self-contained one bedroom flat.

Chairman I D Humphries FRICS Date of Decision 01.08.23

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed11 cases

Other1 case

First-tier Tribunal (Property Chamber) Tribunal sets £87 weekly rent for assured tenancy in Newcastle

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

Rent and service charges are set by a First-tier Tribunal under Section 14 of the Housing Act 1988.
Rent determination is based on the condition of the property and market rates.
Fair rent is based on the open market value of similar properties.
Rent assessment reflects reasonable expectations in the open market, considering local factors.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The First-tier Tribunal set the rent for an assured periodic tenancy under Section 14 of the Housing Act 1988.

Who was involved?

A tenant and a landlord were involved in setting the rent for a property.

How did the court decide, and why?

The Tribunal decided based on the statutory requirements under Section 14 of the Housing Act 1988.

Which laws or rules were applied?

Section 14 of the Housing Act 1988 was applied to determine the rent.

What was the argument that mattered most?

The statutory provisions under Section 14 of the Housing Act 1988 provided the basis for determining the rent.

Was the decision for or against the person who brought the case?

The decision was in favour of setting a fair and legal rent as per the statute.

What does this mean for someone in a similar situation?

Someone in a similar situation can seek a First-tier Tribunal to set their rent under Section 14 if there is a dispute.

What evidence or documents mattered?

The statutory provisions and relevant documentation on the tenancy were key.

Can a decision like this be appealed?

Decisions from the First-tier Tribunal can typically be appealed to the Upper Tribunal.

Is it worth getting a solicitor for a case like this?

It is advisable to seek legal advice from a qualified solicitor for such cases.

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.