Tribunal Sets £94.24 Weekly 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 £94.24, excluding some costs like water rates and council tax but including service charges.
⚖️ Legal holding
A tenant is entitled to have their rent determined under the Housing Act 1988, section 14, taking into account the specific circumstances of hardship in this case.
📖 What the law says
Under the Housing Act 1988, a tenant can apply to a tribunal to challenge the rent they pay under their assured tenancy. However, the application cannot be made if the rent has already been determined by a previous decision under this section or if more than six months have passed since the start of the tenancy. Additionally, a tenant can also challenge a new rent proposed in a notice under sections 13(2) or 13A(2). When determining the rent, the tribunal considers what a willing landlord would charge for a similar property in the open market.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The rent for an assured periodic tenancy was set at £94.24 per week, excluding water rates and council tax but including service charges.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy under the Housing Act 1988. The rent was set at £94.24 per week, excluding water rates and council tax but including service charges.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2023/0038
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
2 [ADDRESS]
[POSTCODE] [NAME]
[NAME]
Landlord Midland Heart
Address Midland Heart, [ADDRESS], Birmingham, West Midlands, [POSTCODE]
Tenant [NAME]
1. The rent is: £94.24 Per Week (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 23 October 2023 – Hardship grounds
3. The amount included for services is £110.50 Per Week
4. Service charges are variable and are not included
5. Date assured tenancy commenced 25 November 2013
6. Length of the term or rental period Weekly
7. Allocation of liability for repairs S11 LTA 1985
8. Furniture provided by landlord or superior landlord
None
9. Description of premises
1 Bed (double) flat with living room, kitchen, hall cloakroom and bathroom with WC, WHB and walk-in shower. Gas fired central heating and UPVC double glazed windows. Communal living room, laundry room, external gardens and car park. Warden controlled alarm.
[NAME] of Decision 23 October 2023
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal sets £945/month rent for assured tenancy in Greenford
- First-tier Tribunal (Property Chamber) Tribunal sets £935/month rent for assured tenancy in popular village
- First-tier Tribunal (Property Chamber) Tribunal Sets £2080/Month Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £975/month rent for assured tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal sets £1500/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Rent Assessment for Assured Periodic Tenancy Set at £731
- First-tier Tribunal (Property Chamber) Tribunal sets £315/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £1400/month rent for assured tenancy in Hounslow
- First-tier Tribunal (Property Chamber) Tribunal sets £275 weekly rent for assured periodic tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £171/week rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £129.75 weekly rent for assured tenancy in Preston
- First-tier Tribunal (Property Chamber) Tribunal Sets £161.50 Weekly Rent for Assured Tenancy in London
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
- A tenant requested a rent assessment under the Housing Act 1988.
- The tenant invoked their rights under section 14 of the Housing Act 1988.
- The tenant sought a determination of rent under an assured periodic tenancy.
- The tenant asked for their rent to be assessed according to the Housing Act 1988.
- The tenant requested a legal determination of their rent as per 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 decided the rent for an assured periodic tenancy.
Who was involved?
The tenant and the landlord were involved.
How did the court decide, and why?
The court followed the Housing Act 1988 to determine the rent.
Which laws or rules were applied?
The Housing Act 1988 was applied.
What was the argument that mattered most?
The argument focused on the correct application of the Housing Act 1988.
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 refer to the Housing Act 1988 for rent assessment.
What evidence or documents mattered?
Evidence related to the tenancy agreement and relevant financial records 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 recommended to seek advice from a qualified solicitor for such cases.