First-tier Tribunal Adjusts Rent Based on Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. MAM/LON/00AJ/MNR/2023/0414

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 13 [ADDRESS], [POSTCODE]

Judge Foskett Mrs Flynn MA MRICS

Landlord [NAME] 76A [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1,462.50 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 19 Sept 2023

3. The amount included for services is not applicable n/a Per

4. No services are provided.

5. Date assured tenancy commenced Oct 1991

6. Length of the term or rental period Monthly periodic tenancy

7. Allocation of liability for repairs Section 11 Landlord & Tenant Act 1985

8. Furniture provided by landlord or superior landlord

9. Description of premises Two storey mid terraced Victorian property, comprising 1 through living room, 1 kitchen, 1 bathroom, 2 bedrooms, small courtyard garden. Pitched pantile roof. uPVC windows (installed approximately 10 years ago).

Chairman Judge Foskett Mrs Flynn Date of Decision 12 April 2024

MR22

SUMMARY REASONS

Background

1. The Landlord served notice on 18 August 2023 on the Tenant to increase the rent for the property from £1,350 per calendar month (as determined by the Tribunal last year) to £1,485 per calendar month. 2. The Tenant objected in writing on 7 September 2023. 3. The Tribunal has made a determination of the market rent under section 14 of the Housing Act 1988.

Inspection

4. The Tribunal inspected the property on 12 April 2024 in dry, sunny weather.

Evidence

5. There were no written submissions from the parties. The Tribunal considered the documents that had been sent by the Valuation Office Agency, the Landlord and the Tenant.

Decision and reasons

6. The property is described above. The Tenant has provided all furniture and paid for half of the cooker which was installed relatively recently following the breakdown of the previous one. The roof was repaired around 6 years ago. The bathroom and kitchen have never been updated since the Tenant moved in. The carpets are provided by the Landlord. The curtains and white goods are provided by the Tenant.

7. Having regard to our own expert, general knowledge of rental values in the area (including by reviewing local properties on [NAME]), we consider that the open market rent for the property would be around £2,250 per calendar month.

8. However, we have adjusted as necessary to allow for the condition of the property following our inspection which showed a lack of repair particularly in relation to damp ingress and blown plasterwork.

9. The following deductions were made:

Condition of kitchen

10%

MR22 Condition of bathroom

5% Damp

10% Condition of carpets

5% Condition of electrical installation

5% Total

35%

10. That gave a market rent of £1,462.50 per calendar month (i.e. 65% of £2,250).

Chairman: Judge Rosanna Foskett, Mrs [NAME] MA MRICS

Date:

12 April 2024

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 subsequent application for permission to appeal should be made on Form RP PTA.