First-tier Tribunal Adjusts Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BC/MNR/2023/0331

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 283 [ADDRESS] , [POSTCODE]

[NAME] [NAME]

[APPELLANT] 129 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £

960

Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 September 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 22 April 1996

6. Length of the term or rental period monthly

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 purpose built 2 bedroom maisonette, double glazing, no heating or white goods carpets or curtains

[NAME] of Decision 7 November 2023

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Case Reference

: HS/LON/00BC/MNR/2023/0331

Property : 283 [ADDRESS] , [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [RESPONDENT] of Objection : 21 July 2023

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

Tribunal

: [NAME] [NAME] chair

Date of Summary Reasons

: 7 November 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £960.00 per calendar month with effect from 1 September 2023. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background

1. On 12 July 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1250 in place of the existing rent of £ 845 per month to take effect from 1 September 2023.

2. On 21 July 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 21 July 2023.

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 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, general 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 £1600per calendar month. From this level of rent we have made adjustments in relation to:

a. No central heating and gas fires fitted by tenant b. No white goods c. No carpets or curtains. d. Dated kitchen and bathroom fittings

6. The full valuation is shown below:

Decision

7. 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 PCM AST Market rent 1,600.00 £ less condition/terms 40.0% 640.00 -£ 960.00 £

3 willing Landlord under an assured tenancy was £960 per calendar month.

8. The Tribunal directed the new rent of £960 to take effect on 1 September 2023 This being the date as set out in the Landlord’s Notice of Increase. There was no evidence that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 7 November 2023

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.