First-tier Tribunal Adjusts Rent Due to Property Defects

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BH/MNR/2024/0141

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 2 [ADDRESS], [POSTCODE]

Judge Shepherd [ADDRESS] , [POSTCODE]

[NAME]

1. The rent is: £ 1300 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 16th April 2024

*3. The amount included for services is not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 16th March 2019

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As per s.11 LTA 1985

8. Furniture provided by landlord or superior landlord None

9. Description of premises 2 bed GR Flat with lounge, kitchen and bathroom/wc

Chairman Judge Shepherd Date of Decision 9th September 2024

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Case Reference

: LON/OOBH/MNR/2024/0141

Property : [ADDRESS], Walthamstow, London [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] 17

Date of Objection : 14th March 2024

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

Tribunal

: Judge Shepherd

Kevin Ridgeway MRICS

Date of Summary

9th September 2024 Reasons

:

_______________________________________________

DECISION

The Tribunal determines a rent of £1300 per calendar month with effect from 16th April 2024 ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 7th March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1700 in place of the existing rent of £1350 per calendar month to take effect from 16th April 2024.

2. On 14th 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 17th January 2024.

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties. This is a ground floor flat in a converted brick and tile end terrace property. The accommodation is comprised of 1 living room, 2 bedrooms, 1 kitchen and 1 bathroom. There is a communal garden and permit parking. The tenant advises that there is damp and mould in every room except the kitchen. Some works were undertaken in 2023 to rectify the problem but were stopped uncompleted. Photographic evidence and a copy of a Damp Report were provided with the application.

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 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 is £1750. From this level of rent we have made adjustments in relation to a deduction of 25% for the damp , mould and uncompleted works making a rent of £1300 pcm.

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 £1300 pcm 9. The Tribunal directs the new rent of £1300 to take effect on 16th April 2024.

Chairman: Judge Shepherd

9th September 2024

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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.