Tribunal sets £750/month rent for assured tenancy in Waterfoot
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. They set the monthly rent at £750, which took effect on November 3, 2023.
⚖️ Legal holding
A tenant is entitled to have their rent determined by the Tribunal, taking into account the specific circumstances of the property, such as its location on a steeply sloping hillside with retaining walls and limited on-street parking.
📖 What the law says
Under the Housing Act 1988, a tenant with an assured tenancy can apply to the appropriate tribunal to challenge the rent payable under their tenancy. However, the application cannot be made if the rent is based on a previous determination under this section or if more than six months have passed since the start of the tenancy. Additionally, a tenant can also apply to challenge a new rent proposed in a notice under sections 13(2) or 13A(2). The tribunal will then determine the rent at which the property might reasonably be expected to be let in the open market by a willing landlord under similar conditions.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal set the monthly rent for an assured periodic tenancy at £750, effective from November 3, 2023.
📜 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 £750 per calendar month, effective from November 3, 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/30UM/MNR/2023/0403
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 6 Belvedere Fold Waterfoot Rossendale [POSTCODE]
[NAME] [NAME]
Landlord [RESPONDENT], [ADDRESS], Bury, [POSTCODE]
Tenant [NAME] [APPELLANT] & [NAME]
1. The rent is: £ 750.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 03 November 2023
3. The amount included for services is not applicable Not Applicable Per Not Applicable
4. Date assured tenancy commenced 3 February 2017
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs As per Landlord & Tenant Sct 1985
7. Furniture provided by landlord or superior landlord Nil
8. Description of premises
MR22 A stone built, detached house approximately 20 years old. Ground floor accommodation comprises comprises hall and L-shaped lounge / dining area / kitchen. On the first floor there are two small double bedrooms, a box room and bathroom / w.c. The tenancy includes white goods and floor coverings. The subject property forms part of a development of identical houses and has the following deficiencies:
1. It is built on a steeply sloping hillside with retaining walls to front and rear and access to the front is from a communal walkway accessed by 15 steps.
2. The rear garden has a small patio area but the remaining area is unusable due to the steep slope.
3. The first floor box room has a reduced floor area caused by the head of the stairs which results in it not being big enough to accommodate a single bed at floor level.
4. There is water penetration thought the front door.
5. There is limited on-street car-parking
[NAME] of Decision 12 February 2024
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal sets £850/month rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal Sets £800 Monthly Rent for Assured Tenancy in Radcliffe
- First-tier Tribunal (Property Chamber) Tribunal sets £660/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £750/month rent for assured tenancy in Bury
- First-tier Tribunal (Property Chamber) Tribunal Sets £1650 Monthly Rent for Assured Tenancy in London
- First-tier Tribunal (Property Chamber) Tribunal sets £695/month rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal sets £1380/month rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal Sets £475 Monthly Rent for Assured Tenancy in Woolton Village
- First-tier Tribunal (Property Chamber) Tribunal sets £680/month rent for assured tenancy in Bury
- First-tier Tribunal (Property Chamber) Tribunal sets £630/month rent for assured tenancy in Bury
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4162927
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4163310
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 determined the rent for the assured periodic tenancy.
- The property is a stone-built, detached house about 20 years old.
- The property has two small double bedrooms, a box room, and a bathroom/toilet on the first floor.
- The tenancy includes white goods and floor coverings.
- The property has deficiencies including being built on a steeply sloping hillside with 15 steps to access the front.
- The rear garden is mostly unusable due to a steep slope.
- The first-floor box room is too small for a single bed at floor level due to the stairs.
- There is water penetration through the front door.
- On-street car parking is limited.
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 monthly rent for an assured periodic tenancy at £750, effective from November 2023.
What was the dispute about?
The dispute was about the appropriate rent for an assured periodic tenancy given the property's location on a steeply sloping hillside.
How did the court decide, and why?
The court decided to set the rent at £750 per month, considering the specific conditions of the property, including its location on a steeply sloping hillside.
Which laws or rules were applied?
The Housing Act 1988, specifically 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 specific conditions of the property, particularly its location on a steeply sloping hillside.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the rent was set at £750 per month.
What does this mean for someone in a similar situation?
For someone in a similar situation, the rent for an assured periodic tenancy may be influenced by the specific conditions of the property, such as its location.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.