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AllowedFirst-tier Tribunal (Property Chamber)·

Tribunal Sets Rent for Assured Periodic Tenancy

Case No.

📌 In brief

The Tribunal decided on the rent for a tenant's assured periodic tenancy. The rent was set at £214.52 per week, excluding water rates and council tax but including service charges. This decision was made under the Housing Act 1988.

⚖️ Legal holding

A tenant is entitled to have their rent set according to the Housing Act 1988.

Topics

tenancy agreementrent determination

Provisions

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, a tenant can apply to a tribunal to challenge the rent payable under their assured 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 determination considers the periodic nature of the tenancy, the start date of the new tenancy, and the terms of the original tenancy, excluding certain factors like improvements made by the tenant.

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. The rent was set at £214.52 per week excluding water rates and council tax but including service charges.

📚 Full judgment Official document

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. BIR/00FY/MNR/2023/0096

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 62 [ADDRESS], [POSTCODE]

[NAME] Mrs [RESPONDENT] C, [ADDRESS], [POSTCODE]

[NAME]

1. The rent is: £214.52 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 20 December 2023

3. The amount included for services is £126.61 Per week

4. Date assured tenancy commenced 16 March 2018

5. Length of the term or rental period Weekly

6. Allocation of liability for repairs S11 LTA 1985 7. Furniture provided by landlord or superior landlord Not applicable 8. Description of premises 1 bed flat in retirement complex – Living room, double bedroom, kitchen, and bathroom. Shared facilities also.

[NAME] of Decision 20 December 2023

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

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 have their rent set according to the Housing Act 1988.

❌ Tends to be rejected

  • In one case, the outcome was listed as 'Other', but the entitlement to rent setting under the Housing Act 1988 was still recognized.

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 £214.52 per week.

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 governs rent determination for assured periodic tenancies.

Which laws or rules were applied?

The Housing Act 1988 was applied.

What was the argument that mattered most?

The argument centered around the statutory requirements for setting rent under 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 ensure their rent complies with the Housing Act 1988.

What evidence or documents mattered?

Evidence regarding the property and the statutory requirements was 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 always recommended to seek 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.