First-tier Tribunal Adjusts Rent Based on Property Conditions

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00AE/MNR/2024/0130

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 [ADDRESS], [POSTCODE]

Mr A Harris [COMPANY] The Hive, [ADDRESS], Wembley, [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 852.31 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 01 April 2024

*3. The amount included for services is/is

not applicable 0.00 Per n/a

5. Date assured tenancy commenced 1 September 2022

6. Length of the term or rental period 6 Months

7. Allocation of liability for repairs As per tenancy agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A single en suite room in a 6 bed cluster flat with shared amenities

Chairman A Harris Date of Decision 16 July 2024

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Case Reference

: GB/LON/00AE/MNR/2024/0130

Property : [ADDRESS], [POSTCODE]

Tenant

: Miss [APPELLANT]

Landlord : [COMPANY] of Objection : 4 March 2024

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

Tribunal

: Mr [NAME]

Date of Summary Reasons

: 16 July 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £855.00 per calendar month with effect from 1 April 2024. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On 27 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 681.85 plus Council Tax of £31.21 in place of the existing rent of £ 633.10 excluding Council Tax per month to take effect from 1 April 2024.

2. On 4 March 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. The Tenant’s referral was received by the Tribunal on 4 March 2024.

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. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation

5. Having consideration of the comparable evidence provided 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 the condition and with the amenities the market would expect would be in the region of £950 per calendar month excluding Councilt Tax. From this level of rent we have made adjustments in relation to:

a. Reported cockroach infestation b. No furniture

6. The full valuation is shown below:

7. The Tribunal determines a rent of £855.00 per calendar month exclusive of Council Tax .

PCM AST Market rent 950.00 £ less condition/terms 10.0% 95.00 -£ 855.00 £

3 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 £855.00 per calendar month.

9. The Tribunal directs the new rent of £855.00 to take effect on 1 April 2024 This being the date as set out in the Landlord’s Notice of Increase

10. The tribunal notes that the rent paid by the tenant is set at 80% of the market rent so that the rent payable becomes £684.00 or say £681.85 as per the landlords notice plus £31.21 Council Tax. The jurisdiction of the tribunal is limited to finding a market rent and it has no power over the any other matter.

Chairman: A Harris

Date: 16 July 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.