Tribunal Sets Rent for Assured Periodic Tenancy Considering Tenant's Improvements
📌 In brief
The First-tier Tribunal decided on the rent for an assured periodic tenancy, considering the improvements made by the tenant to the property. The rent was set at £585.00 per calendar month, effective from 29 December 2022.
⚖️ Legal holding
A tenant is entitled to have their improvements to the property reflected in the rent level determined by the Tribunal.
📖 What the law says
Under this rule, a tenant can apply to a tribunal to challenge the rent payable under their assured tenancy. The tribunal will then decide the rent based on what a willing landlord might expect to receive for letting the property in the open market. When determining the rent, the tribunal will ignore any increase in the property's value due to improvements made by the tenant, unless these improvements were done as part of an obligation to the landlord.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal set the rent for an assured periodic tenancy, considering improvements made by the tenant.
📜 Headnote Official document
The Tribunal determined the rent for an assured periodic tenancy, taking into account the improvements made by the tenant to the property. The decision was made in the First-tier Tribunal (Property Chamber) on 13 April 2023.
📚 Full judgment Official document
OUTCOME: Allowed
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00EF/MNR/2022/0227
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 15 [ADDRESS], [POSTCODE]
[NAME] Mr [RESPONDENT]
Landlord [NAME] t/a [COMPANY], York, [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £585.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 29 December 2022
3. The amount included for services is Not applicable
4. Date assured tenancy commenced 29 October 2020
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs As per S11 Landlord & Tenant Act 1985
7. Furniture provided by landlord or superior landlord None
8. Description of premises 3 bedroom house plus (small) garage. In good order. Improvements undertaken to a good standard by tenant, particularly to kitchen, bathroom, bedroom cupboards and rear garden. Cost of tenant’s improvements partly funded by landlord and remaining value of those improvements reflected in the rent level determined.
[NAME] of Decision 13 April 2023
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Market Rent Determination for a Property in Middlesbrough
- First-tier Tribunal (Property Chamber) Rent Adjustment Based on Property Condition - First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) Tribunal Determines Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Open Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) Tribunal Sets Rent for Assured Tenancy in Gateshead
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent at £1000 pcm for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier 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) First-tier Tribunal Sets Fair Rent Based on Market Conditions and Disrepair
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's improvements to the kitchen, bathroom, bedroom cupboards, and rear garden were undertaken to a good standard.
- The remaining value of the tenant's improvements was considered when setting the rent.
- The Tribunal determined the new rent to be £585.00 per calendar month.
- The decision on the rent level takes effect from 29 December 2022.
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 £585.00 per calendar month.
Who was involved?
The tenant made improvements to the property, which were considered in setting the rent.
How did the court decide, and why?
The court took into account the improvements made by the tenant to determine the rent level.
Which laws or rules were applied?
The Housing Act 1988 Section 14 was applied.
What was the argument that mattered most?
The tenant's improvements to the property were a significant factor in determining the rent.
Was the decision for or against the person who brought the case?
The decision was in favour of the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation may also have their improvements reflected in the rent level.
What evidence or documents mattered?
Improvements made by the tenant were documented and considered.
Can a decision like this be appealed?
Decisions from the First-tier Tribunal can be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for such cases.
