First-tier Tribunal Adjusts Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BC/MNR/2024/0088

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 40 [ADDRESS], [POSTCODE]

[NAME]

Landlord [RESPONDENT] [NAME], 187 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] [NAME] & [NAME]

1. The rent is: £ 1087.50 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 February 2024

*3. The amount included for services is not applicable 0.00 Per

5. Date assured tenancy commenced 1 February 2020

6. Length of the term or rental period Cal month

7. Allocation of liability for repairs Landlord: exterior, structure and items within s11 Landlord and Tenant Act 1985; tenant: some interior repairs

8. Furniture provided by landlord or superior landlord Table and chairs, sofa chair, 2 cloth wardrobes.

9. Description of premises 1 bedroom flat in a modern development comprising 1 bedroom, living room, kitchen, bathroom/WC.

[NAME] of Decision 7 July 2024

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Case Reference

: LON/00BC/MNR/2024/0088

Property : [ADDRESS] IG2 70 the

Tenant : Mr [APPELLANT] [NAME] & [NAME]

Landlord : [RESPONDENT] of Objection : 19 January 2024

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

Tribunal : Mr [NAME] [NAME]

Date of Summary Reasons

: 7 July 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,087.50 per calendar month with effect from 1 February 2024 ____________________________________ © CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 15 December 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200 in place of the existing rent of £975 per month to take effect from 1 February 2024.

2. On 19 January 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 the same date.

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 considered 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 good condition would be in the region of £1450 per calendar month. From this level of rent we have made adjustments in relation to condition and the tenants repairing obligation under clause 4.2.1 of the tenancy agreement.

6. The full valuation is shown below:

per calendar month Market Rent

£1,450

Less condition of kitchen,

) bathroom,

) window defects

) approx. 25 % presence of mould

) tenants repairing obligation )

)

£362.50

£1,087.50

7. The Tribunal determines a rent of £1,087.50 per calendar month.

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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 £1,087.50 per calendar month.

9. The Tribunal directs the new rent of £1,087.50 per calendar month to take effect on 1 February 2024 being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 7 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.