First-tier Tribunal Adjusts Proposed Rent for Residential Property

OUTCOME: Allowed

© CROWN COPYRIGHT

Case Reference

: BIR/00CN/MNR/2024/0603

Property : 14 Northgate Harborne Birmingham [POSTCODE]

Tenant

: [NAME]

Landlord : BPT ([APPELLANT]) [RESPONDENT]

Landlord’s agent : [RESPONDENT] of application : 15 October 2024

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal Members : V Ward [NAME] B.Sc.(Est.Man.)FRICS

N Wint FRICS

Date of Summary Reasons

: 20/01/2025

_______________________________________________

DECISION

The Tribunal determines a rent of £230.00 per week with effect from 11 November 2024. ____________________________________

S E C FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION Background

1. On 24 September 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £240.00 per week in place of the existing rent of £225.00 to take effect from 11 November 2024.

2. On 3 October 2024, under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.

Inspection

3. The Tribunal did not inspect the property but considered this case on the

basis of the papers provided by the parties and having regard to its own

knowledge, expertise and online research.

Evidence

4. The Tribunal has considered the written submissions provided by the

parties. The submissions by the Landlord appeared to relate to the

neighbouring property – 12 Northgate – which is in common ownership, but

which is occupied under a Rent Act 1977 tenancy.

5. From the information provided and available, the subject property appears to

comprise a terraced house which benefits from central heating but no off-road

parking.

6. The Tenant confirmed that the property had the following accommodation:

Two reception rooms, small kitchen, shower room, two bedrooms and box room. Windows to the property are single glazed. It is centrally heated with a gas fire in one of the reception rooms.

7. The Tenant contends that there are issues with the gas service pipe and

further the windows do not now meet government standards for thermal

efficiency. In addition, the Tenant states that the kitchen is in poor condition

and was installed in 1992. There are issues with external joinery and decoration.

Continuing the Tenant says that the property is poorly insulated, and the box

room is suitable only for a single bed.

8. All white goods, carpets and curtains are the property of the Tenant who has

also fitted new wardrobes and bathroom cupboards.

3 9. In terms of rental levels, the Tenant states that 10 Northgate is at a lower rental and offers large accommodation. Further the subject Property is not in a suitable condition to be let in the open market. On balance, the Tenant considers the increase disproportionate and unfair.

Determination and Valuation

10. Having considered the comparable evidence proved by the parties and of our

own expert, general knowledge of rental values in the area, we consider that the

open market rent for the property in good tenantable condition would be in the

region of £1,250.00 per calendar month (i.e. £288.46 per week). From this

level of rent we have made adjustments in relation to:

a) General dilapidations including windows and external joinery. b) Older kitchen and bathroom fittings. c) Fitments provided by the Tenant.

11. The full valuation is shown below:

per week Market Rent

£288.46

Less a) Items given under a) above

£20.00

b) Items given under b) above

£20.00 c) Items given under b) above

£20.00 £60.00

Total £228.46

Say £230.00

Decision

12. The Tribunal therefore determined that the rent at which the subject property

might reasonably be expected to be let in the open market by a [NAME]

under an assured tenancy was £230.00 per week.

9. The Tenant raises hardship in their submissions, however due to the relatively

nominal increase, the Tribunal declines to defer the date of increase.

Accordingly, the Tribunal directs the new rent of £230.00 per week to take

effect from 11 November 2024. This being the date as set out in the Landlord’s

Notice of Increase.

Chairman: V Ward

Date: 6 January 2025

4

APPEAL PROVISIONS

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

5

First-tier Tribunal – Property Chamber File Ref No. BIR/00CN/MNR/2024/0603

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 14 Northgate Harborne Birmingham [POSTCODE]

V Ward [NAME] B.Sc.(Est.Man.)FRICS N Wint FRICS

Landlord [APPELLANT]

Tenant [NAME]

1. The rent is: £230.00 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 11 November 2024

3. The amount included for services is not applicable

Per

4. Date assured tenancy commenced 6 April 1992

5. Length of the term or rental period Weekly 6. Allocation of liability for repairs Landlord and Tenant Act 1985

7. Furniture provided by landlord or superior landlord

8. Description of premises Terraced house with 2/3 bedrooms

6 Chairman V Ward Date of Decision 6 January 2025