First-tier Tribunal Adjusts Rent for Assured Shorthold Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BK/MDR/2024/0601

Notice of the Tribunal Decision and Register of Rents under Assured Shorthold Tenancies (Section 14 Determination)

Housing Act 1988 Section 22

Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]

Judge [NAME]

Landlord [RESPONDENT] 4th Floor, [ADDRESS], London, [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 2,200 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 9 August 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 29 February 2024

6. Length of the term or rental period One year to 27 February 2025

7. Allocation of liability for repairs Landlord responsible for structural repair and exterior repair and repair of utilities

8. Furniture provided by landlord or superior landlord Bed, small fridge, washing machine, microwave and cupboard.

9. Description of premises Victorian stone clad and brick, end of terrace, 4 storey with sash windows.

Chairman J. Pittaway Date of Decision 6 May 2025

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AW/MDR/2024/0601

HMCTS code :

P: PAPERREMOTE Property : [ADDRESS] [POSTCODE] Tenant : Miss [APPELLANT] Landlord : [APPELLANT] of Application : Determination of a market rent under Section 22 Housing Act 1988 Tribunal Members : Judge [NAME] of Summary Reasons : 6 May 2025

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DECISION

The Tribunal determines a rent of £2,200 per calendar month with effect from 9 August 2024. ____________________________________

SUMMARY REASONS

Background

1. On 29 February 2024 the Tenant entered into a tenacy agreement in respect of the property with the Landlord for a term of one year from 29 February 2024 at a rent of £1,700 per month.

2. On 9 August 2024 the Tribunal received an application from the Tenant to determine the market rent payable under the Tenancy under section 22(1) of the Housing Act 1988.

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Inspection

3. The Directions stated that the tribunal might not inspect the interior of the property, and that if an inspection was requested it would be of the exterior of the property only. The parties were asked to provide a description of the property, and advised that the Tribunal might use [ADDRESS] to gather some information about the property.

4. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties, and the use of [ADDRESS].

5. The Property is a studio flat on the fourth floor of an end of terrace four storey property. From the [ADDRESS] the windows appear tobe be sash windows. The Tenant in her application sated that the landlord provided a bed and cupboard, and white goods.

Evidence

6. No rental evidence was provided by the Tenant. The Landlord provided some rental evidence of studio flats in the immediate vicinity (Marylebone and Paddington), which was of a limited nature and use.

Determination and Valuation

7. Having consideration of the comparable evidence proved by the Landlord and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in in the condition and with the amenties that the market would expect would be in the region of £2,400 per calendar month.

8. From this level of rent we have made adjustments to allow for the differences between the condition of the property and that considered usual for such a letting in today’s market and determine in its expert opinion a rent of £2,200 would appear reasonably to reflect the condition of the property when let.

9. As the level of rent determined by the Tribunal is more than that fixed by the Landord the Tribunal wrote to the Tenant on 4 December 2024, copied to the Landlord, advising her that it was condsidering a rent that was substantially higher than the rent rent fixed by the Landlord. It postponed its decision and asked the Tenant whether she wished to make further representations or withdraw her application. The Tribunal received no response from the Tenant to its letter. On 13 March 2025 it advised the parties that as the Tenant had not withdrawn her application it would proceed to determine the application.

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3 Decision 10 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 £2,200 per calendar month.

11. By section 22(4)(a) Housing Act 1988 the determination under section 22 shall have effect from such date as the Tribunal may direct, being not earlier than the date of the application.

12. The application was made on 9 August 2024 and the Tribunal determines that the rent takes effect from that date.

Chairman: J. Pittaway

Date: 6 May 2025

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.