Tribunal Sets Rent for Assured Periodic Tenancy Considering Property Condition
📌 In brief
The First-tier Tribunal decided on the rent for a tenant's assured periodic tenancy, considering the state of the property, which was found to be in only fair condition with some issues.
⚖️ 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 premises.
📖 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. The tribunal will then determine a fair rent based on what a willing landlord might expect to receive for letting the property in the open market. The determination considers the condition of the premises and disregards certain factors like improvements made by the tenant or reductions due to non-compliance.
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 premises.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy, taking into account the condition of the premises, which was described as being in only fair condition with several defects.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First Tier Tribunal – Property Chamber File Ref No. MAN/30UK/MNR/2023/0422
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 24, [ADDRESS] [POSTCODE]
J R RIMMER J FAULKNER
Landlord [RESPONDENT]
30, [ADDRESS] [POSTCODE]
Tenant [NAME]
1. The rent is: £375.00 Per Month (excluding water rates and council tax but including any amounts in paras 3 & 4)
2. The date the decision takes effect is: 22nd September 2023
*3. The amount included for services is Not applicable
4. Date periodic/statutory periodic assured tenancy commenced 22nd January 2020
5. Rental period Monthly
6. Allocation of liability for repairs
AS PER LANDLORD AND TENANT ACT 1985
8. Furniture provided by landlord or superior landlord
NIL
9. Description of premises Ground floor flat in large, terraced house. Accommodation comprises communal hallway, lounge, bedroom, kitchen and shower room. The property is in only fair condition with defective kitchen units, insecure electric fire and extensive brickwork and vegetation issues in yard.
Chairman J R RIMMER Date of Decision 7th March 2024
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets £562.50/Month Rent for Assured Tenancy in Cheshire
- First-tier Tribunal (Property Chamber) Tribunal sets £450/month rent for assured tenancy in Blackpool
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4135783
- First-tier Tribunal (Property Chamber) Tribunal sets £640/month rent for assured tenancy in Newcastle
- First-tier Tribunal (Property Chamber) Tribunal sets £725/month rent for assured periodic tenancy in Preston
- 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 £750/month rent for assured tenancy in Waterfoot
- First-tier Tribunal (Property Chamber) Tribunal sets £660/month rent for assured tenancy in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal (Property Chamber) Decision — Case 4168486
- First-tier Tribunal (Property Chamber) Tribunal sets £640/month rent for assured tenancy in Manchester
- First-tier Tribunal (Property Chamber) Tribunal sets £830/month rent for assured tenancy in Preston
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 the rent for their assured periodic tenancy set by the Tribunal.
- The Tribunal must consider the condition of the property when setting the rent.
- The tenant is entitled to a fair determination of rent under an assured periodic tenancy.
- The tenant is entitled to have their rent determined under Section 14 of the Housing Act 1988.
- The tenant is entitled to have their rent registered under the Housing Act 1988 Section 14.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The rent for an assured periodic tenancy was set at £375 per month, effective from 22nd September 2023.
What was the dispute about?
The dispute was about determining the appropriate rent for an assured periodic tenancy.
How did the court decide, and why?
The court decided to set the rent at £375 per month, considering the condition of the premises and the allocation of repair liabilities.
Which laws or rules were applied?
The Housing Act 1988, section 14, and the Landlord and Tenant Act 1985 were applied.
What was the argument that mattered most?
The argument that mattered most was the condition of the premises and the allocation of repair liabilities.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, setting the rent at £375 per month.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their rent to be determined based on the condition of the premises and the allocation of repair liabilities.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.