Tribunal Sets Rent for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. They set the rent at £863.50 per month, which is the full rental value.
⚖️ Legal holding
A tenant is entitled to have their rent set at 100% of the rental value as determined by the Tribunal.
📖 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 would expect to receive for letting the property in the open market. The determination takes into account the type of tenancy, the start date, and the terms of the existing tenancy.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988, setting the rent at 100% of the rental value.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00CM/MNR/2024/0050
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 43 [ADDRESS], [POSTCODE]
[NAME] Mrs [RESPONDENT]
Landlord [RESPONDENT], [ADDRESS], [ADDRESS], Newcastle upon Tyne, [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £863.50 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 23 April 2024
3. The amount included for services is: £13.50 Per Calendar Month
4. Service charges are variable
5. Date assured tenancy commenced 23 April 2024
6. Length of the term or rental period Monthly
7. Allocation of liability for repairs Standard – Landlord and Tenant Act 1941 S11
8. Furniture provided by landlord or superior landlord None
9. Description of premises 3 Bedroom Detached House, double glazed, gas radiator central heating, car space. The rent shown is the Tribunal’s decision of 100% rental value. The Landlord states that under Rent to Buy the rent charged should be 80% of rental value, thus the rent to be charged is £690.80pcm. The Service Charge has been reduced by the amount the Landlord charges in relation to the cost of hob, oven, and extractor fan, to £13.50 pcm i.e. communal area maintenance, SUDS, and 15% admin charges.
[NAME] of Decision 2 May 2024
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) 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 Tenancy in Gateshead
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Market Rent for HMO Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines 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 Valuation Adjusted for Tenant Improvements and Disrepair
- First-tier Tribunal (Property Chamber) Tribunal Determines Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Residential Property
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines 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 a rent set at a reasonable market rate based on comparable properties.
- The tenant is entitled to have their rent set according to the Housing Act 1988.
- The tenant is entitled to a rent determination after referring the landlord's notice to the Tribunal.
- A landlord must consider the condition of the property and tenant improvements when setting a fair market rent.
- The tenant is entitled to a rent valuation adjustment reflecting improvements made and disrepair issues.
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 should be set at 100% of the rental value.
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, which requires the rent to be set at the full rental value.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The argument that mattered most was the application of the Housing Act 1988 to determine the full rental value.
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 would also have their rent set at the full rental value if they go to the Tribunal.
What evidence or documents mattered?
Evidence regarding the rental value of the property was likely presented.
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.