First-tier Tribunal Adjusts Rent Based on Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BJ/MNR/2023/0409

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 Flat 76 [NAME], [ADDRESS], London , SW11

Tribunal Judge I [NAME] [NAME] (Econ) MRICS

Landlord [RESPONDENT], 151 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1,000 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 November 2023

*3. The amount included for services is

not applicable

Per

4. Date assured tenancy commenced On or about 1999 or 2000

5. Length of the term or rental period Monthly periodic

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

7. Furniture provided by landlord or superior landlord None

9. Description of premises A 2 bedroom self-contained second floor flat comprised of a living room, a kitchen, a bathroom/wc and no central heating or double-glazing.

Chairman Tribunal Judge I [NAME] of Decision 16 January 2023

1

Case Reference

: LON00BJ/MNR/2023/0409

Property : Flat 76 [NAME],

[ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [RESPONDENT] of Objection : 16 September 2023

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

Tribunal

: Judge I [NAME]

[NAME] (Econ) MRICS

Date of Summary Reasons

: 16 January 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1,000 per calendar month with effect from 1 November 2023. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 SUMMARY REASONS

Background 1. On 8 August 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,320 per month in place of the existing rent of £ 962.50 per month to take effect from 1 November 2023.

2. On 16 September 2023 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. The Tenant’s referral was received by the Tribunal on 25 September 2023.

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence 4. There were no written submissions from the parties.

Determination and Valuation 5. Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £2,500 per calendar month. From this level of rent we have made adjustments in relation to:

lack of heating, kitchen facilities other than old stone sink, dated and worn bathroom fittings with tenant's tiling and bath panels, draughty single glazing, T's decorating responsibilities and provision of floor coverings.

6. The full valuation is shown below:

per calendar month Market Rent

£2,500

Less Deductions as set out above )

) approx. 60%

)

£1,500

7. The Tribunal determines a rent of £1,000 per calendar month.

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 £1,000 per calendar month.

3 9. The Tribunal directs the new rent of £1,000 to take effect on 1 November 2023, this being the date as set out in the Landlord’s Notice of Increase. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Judge: [NAME]: 16 January

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.