First-tier Tribunal Adjusts Rent After Considering Property Condition

OUTCOME: Allowed

1

Case Reference

: LON/00AJ/MNR/2024/0616

Property : [ADDRESS], Acton Ealing London W3 60A

Tenant

: [NAME] [APPELLANT] [NAME]

Landlord : [NAME] [APPELLANT] of Objection : 14 August 2024

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

Tribunal

: Judge [NAME], FIRPM

Date of Summary Reasons

: 28 November 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1470 per calendar month with effect from 28 November 2024 ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 22 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1550.00 in place of the existing rent of £ 1485.00 per month to take effect from 24 September 2024.

2. On 14 August 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. Although the application was dated 14 August 2024,the Tenant’s referral was date stamped as received by the Tribunal on 13 August 2024.

Inspection 3. The Tribunal has carried out an inspection of the property on 28 November 2024. The premises was a terraced house comprising a living room, kitchen, Bathroom/WC, 2 Bedrooms and a small terraced garden. Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant and/the Landlord.

Determination and Valuation 5. Having consideration the 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 £2200 per calendar month. From this level of rent we have made adjustments in relation to:

The dated kitchen and bathroom, the outdated electricals and lack of white goods and the current condition of the premises ( the premises was in need of modernisation. This resulted in any adjustments to the rent.

6. The full valuation is shown below:

per calendar month Market Rent

£2100

Less Kitchen 10% Bathroom 5% Lack of modern electrical fittings and white goods 5% Existing condition 10%

)

) approx. 30 %

£1470.00

3 7. The Tribunal determines a rent of £1470 per calendar month this equates to £339.00 per week.

Decision 8. 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 willing Landlord under an assured tenancy was £1470 per calendar month.

9. The Tribunal directs the new rent of £1470 PCM to take effect on [28 November 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: Judge Daley

Date: 28.11.24

APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.