First-tier Tribunal Adjusts Rent for Tenant Based on Local Market Rates

OUTCOME: Allowed

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : LON/00AK/MNR/2025/1014 [NAME] : 34 [ADDRESS] [POSTCODE]

Applicant: [redacted] : None Respondent : [redacted] (Landlord) Representative : [RESPONDENT]. Type of Application : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 3 February 2025

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application form dated 7 October 2025 from the tenant of the [NAME], regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 12 September 2025, proposed a new rent of £2,200 per calendar month with effect from and including 3 November 2025. The passing rent was said to be £1,700 per calendar month.

2

3 The tenancy is an assured periodic calendar monthly tenancy. A copy of the last tenancy agreement was provided. It was said to have run originally from 3 March 2016.

4 Directions dated 8 December 2025 were issued inviting representations on the substantive issue of the new rent. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.

5 The Tribunal carefully considered and noted such representations as it received from both parties and the location layout size and condition of the [NAME] and other available and let comparable properties nearby.

6 The tenant mentioned that they had repaired an outside shed and pergola in the rear garden, previously damaged by wind. The tenant also replaced the rear fence at their expense to one side of the rear garden. The tenant’ photographs also showed a replaced bathroom and kitchen and renewed decorations, moving the [NAME] from simply functional to better finished.

7 The tenant referred to the house as having only 2 bedrooms, the 3rd bedroom being unusable as it was said to be too small to be habitable. The [APPELLANT] submitted advertised details listed August 2025 of 2 bedroom terraced houses to let. One was from postal district Edmonton N9 to the south, another from Enfield Town EN1 to the west, but the remainder were from the [ADDRESS] or Enfield Wash EN3 areas. These were all described and built as 2 bedroom houses. Most were like the [NAME] built in the 1920’s. Rents ranged from £1800 pcm to £1900 pcm for these 2 bedroom houses.

[NAME]

8 The [NAME] is a small 2 level 1920’s terraced house, itself within an established residential estate of similar roads within [NAME]. Accommodation within the house is of 3 bedrooms (2 small doubles plus a small single), bathroom/ wc, 2 reception rooms and kitchen on the ground level. There is a rear garden and a front paved driveway for 1 car. On road parking is restricted. The building has part rendered part painted brick front wall and a double pitched roof finished to double lap clay tiles over. (Google Streetview September 2022). Windows are early style PVCu framed double glazed. The heating is not stated. White goods and a double bed were provided. Carpets and curtains are not mentioned. The Tribunal assumes that [NAME] has been let and maintained in fair condition but notes the improvements undertaken without obligation on them, by the tenant.

Law

9 In accordance with the terms of S14 of the Housing Act 1988 we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a willing landlord,

3 under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the [NAME] falls to be valued as it stands; assuming it to be in reasonable internal decorative condition.

Decision

10 Based on the Tribunal’s own general knowledge of market rent levels in the eastern side of [NAME] determines that the subject [NAME] would let on a normal Assured Shorthold Tenancy (AST) terms, for £2,100 pcm, fully fitted and in good order. Locally, three bedroom homes start at around £2,300, two bedroom homes, at about £1800 pcm. The tenant is not required to refurbish but only make good, fair and wear and tear excepted. The tenant appears to have done more than required. The kitchen and bathroom must also be assumed as the original, functional only as not as the currently appear. For these factors the Tribunal makes a deduction of £200 pcm. The house is small for a 3 bedroom house but does have the additional room over the houses advertised as simply 2 bedroom. [APPELLANT] prefer to provide their own furniture, others prefer the landlord to supply same.

11 The new rent will therefore be £1,900 per calendar month with effect from 3 November 2025. The Landlord is not obliged to charge this sum and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation. They may not however, charge a rent in excess of it.

Name: N. [NAME]: 3 February 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.

Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rule 2013).

4 If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the [NAME], and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).

MR22 First-tier Tribunal – [NAME] Chamber File Ref No. LON/00AK/MNR/2025/1014

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 34 [ADDRESS] [POSTCODE]

[NAME]

Landlord [APPELLANT]

Tenant [APPELLANT] and [NAME]

1. The rent is: £ 1900 Per Cal month

2. The date the decision takes effect is: 3 November 2025

*3. The amount included for services is Nil Per

*4. Service charges are variable and are not included N/A

5. Date assured tenancy commenced 3 March 2016

6. Length of the term or rental period Calendar monthly periodic

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord White goods and double bed.

9. Description of premises The [NAME] is a 1920’s terraced house. Brick walls rendered to front, double pitched main roof in double lap tile, front ground floor monopitch roof to ground floor bay and porch. Exterior appears in fair condition. [NAME] comprises – 3 bedrooms, 2 living rooms, kitchen, bathroom/ wc. Front yard with 1 car space and rear garden, limited on street parking. The Landlord may charge a rent up to but, not in excess of the figure shown at box 1.

[NAME] of Decision 3 February 2025