First-tier Tribunal Adjusts Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BK/MNR/2024/0247

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 28 [ADDRESS], [POSTCODE]

Mrs [RESPONDENT]

Landlord [COMPANY] 45 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £ 1,400 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 8 October 2024

*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 5 September 2011

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As per terms

8. Furniture provided by landlord or superior landlord White goods, curtains and floor coverings provided by the Landlord.

9. Description of premises Ground floor flat comprising one bedroom, one living area, one bathroom and a small kitchen area. Communal garden to the front of the property.

[NAME] of Decision 8 October 2024

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Case Reference

: LON/00BK/MNR/2024/0247

Property : 28 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [COMPANY] of Objection : 3 April 2024

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

Tribunal

: Mrs [NAME] of Summary Reasons

: 8 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,400 per calendar month with effect from 8 October 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 £1,289 per month in place of the existing rent of £1,185 per month to take effect from 5 April 2024.

2. On 3 April 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 3 April 2024.

Inspection 3. The Tribunal did not inspect the property and neither party requested one. The Tribunal 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. There were no written submissions from the Landlord.

Determination and Valuation 5. Having consideration of our own expert and general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £2,000 per calendar month. From this level of rent we have made adjustments as per the valuation below:

per calendar month Market Rent

£2,000

Less Modernisation required

) 30%

£600

£1,400

7. The Tribunal determines a rent of £1,400 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 £1,400 per calendar month.

9. The Tribunal directs the new rent of £1,400 to take effect on 8 October 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

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Chairman: [NAME]: 8 October 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.