First-tier Tribunal Adjusts Rent Due to Property Disrepair

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AH/MNR/2023/0432

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 Ground floor flat, 154 [ADDRESS], [POSTCODE]

[NAME] [NAME] Mrs [RESPONDENT]

Landlord Trustee of Estate of Late Reginald Hall National W Address c/o [NAME], [ADDRESS], Cardiff, [POSTCODE]

Tenant Mrs [APPELLANT]

1. The rent is: £ 195.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 24 October 2023

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 19 June 1995

6. Length of the term or rental period weekly

7. Allocation of liability for repairs S11 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord None

9. Description of premises Ground floor converted flat in 2 storey building having 2 rooms kitchen/dining room, shower room/wc

[NAME] 17 May 2023

1

Case Reference

: LON/00AH/MNR/2023/0432

Property : Ground floor flat, 154 [ADDRESS], [POSTCODE]

Tenant

: Mrs [APPELLANT]

Landlord : Trustee of Estate of Late Reginald Hall National W

Date of Objection : 22 September 2023

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

Tribunal

: Mr [NAME] [NAME]

Mrs [NAME] of Summary Reasons

: 17 May 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £195.00 per week with effect from 24 October 2023. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 15 September 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 315.00 in place of the existing rent of £ 100.00 per week to take effect from 24 October 2023.

2. On 20 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 22 September 2023

Inspection 3. The Tribunal has carried out an inspection of the property on 17 May 2023 . The tribunal noted serious disrepair in various areas including damp affected plaster and missing skirting boards following poor quality repairs. Windows are poorly fitted and in poor repair. The tenant fitted the kitchen and central heating. No carpets, curtains or white goods are provided.

Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. The Landlords submission included a link to Rightmove listing various properties in the SW16 post code which covers a wide area. The tribunal also relied on its own expert 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 £325.00 per week. From this level of rent we have made adjustments in relation to:

Disrepair and lack of amenities listed above.

6. The full valuation is shown below:

pw AST Market rent 325.00 £ less condition/terms 40.0% 130.00 -£ 195.00 £

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 £195.00 per week.

9. The Tribunal directs the new rent of £195.00 to take effect on 24 October 2023 This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 17 May 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.