Tribunal Sets Rent for Assured Periodic Tenancy
📌 In brief
The Tribunal decided on the rent for a tenant's assured periodic tenancy, considering the state of the property. The rent was set at £450 per month, effective from November 16, 2022.
⚖️ Legal holding
A tenant is entitled to have the rent for their assured periodic tenancy set by the Tribunal, taking into account the condition of the property.
📖 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 their 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, tenants can also apply to 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 Tribunal set the rent for an assured periodic tenancy and assessed the condition of the property.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy and assessed the condition of the property, including its need for redecoration and replacement of certain appliances.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. MAN/00EY/MNR/2022/0222
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
13 [ADDRESS] [POSTCODE] [NAME] Mr [RESPONDENT]
Landlord Mr [RESPONDENT] C/o [APPELLANT], [ADDRESS], Lytham St. Annes, [POSTCODE]
Tenant [NAME]
1. The rent is: £ 450.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 16 November 2022
3. The amount included for services is not applicable Not applicable Per Not applicable
4. Date assured tenancy commenced 16 October 2016
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs Landlord – Section 11 Landlord and Tenant Act 1985. Tenant – tenant-like user
7. Furniture provided by landlord or superior landlord
Integrating cooker unit
8. Description of premises
Ground floor apartment comprising hall, living room, 1 bedroom, kitchen, bathroom (bath with electric shower over, wc and wash hand basin) and cylinder cupboard. Access via shared entrance. The apartment is part of a development, approximately 20 years old, of 1 and 2 bedroomed properties in small blocks that form [ADDRESS] which is targeted at older residents. All the blocks are 2 storeys with half rendered brick walls, concrete interlocking filed roofs. Externally there is hard and soft landscaping. Although there are no designated parking spaces it is understood that the occupier is entitled to a parking space. The apartment has double glazed upvc windows, an electric fire in the lounge and wall mounted electric storage heaters with a small wall mounted heater in the kitchen. Overall, the flat is dated, but in reasonable condition. To be considered in good condition it requires redecorating, carpets cleaning and vinyl coverings to the bathroom and kitchen replacing. The cooker and extractor fan in the kitchen provided by the landlord are old, inefficient and should be replaced. The exterior of the cooker appears rusted and the tenant advised that the grill no longer functions. The wall heater in the kitchen does not work and needs replacing. The bath sealant is mouldy and should be re sealed. Although the flat is small, this is a pleasant development in a reasonable residential area that should prove attractive in the Blackpool rental market.
[NAME] of Decision 29 September 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) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Periodic Tenancy Considering Property Condit…
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) 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) Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent and Terms 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
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent at £2,200
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 Tribunal set the rent at £450.00 per month.
- The decision on the rent took effect from 16 November 2022.
- The landlord is responsible for repairs under Section 11 of the Landlord and Tenant Act 1985.
- The property's cooker and extractor fan are old and need replacement.
- The kitchen's wall heater is broken and requires replacement.
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 at £450 per month, effective from November 16, 2022.
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, considering the property's condition and the terms of the tenancy agreement.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The condition of the property and the terms of the tenancy agreement were crucial arguments.
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 can expect the rent to be set based on the condition of the property and the terms of the tenancy agreement.
What evidence or documents mattered?
The condition report of the property and the tenancy agreement were 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.