First-tier Tribunal Adjusts Rent for Tenants Based on Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BC/MNR/2024/0707

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination or Section 22 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were 48 [ADDRESS] [POSTCODE]

Judge [NAME] (Valuer Member)

Landlord [NAME] [RESPONDENT] 7 [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT] [NAME] and Ms [APPELLANT]

1. The rent is: £ 1,615 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18 February 2025

*3. The amount included for services is

N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 17 April 2015

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Section 11 applies

8. Furniture provided by landlord or superior landlord One micro-oven and one television trolley

9. Description of premises Two-bedroom, two-storey mid-terrace with terrace on a c1990s estate

Chairman Judge J P Donegan Date of Decision 18 February 2025

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Case Reference

: LON/00BC/MNR/2024/0707

Property : 48 [ADDRESS] [POSTCODE]

Tenants

: Mr [RESPONDENT] [NAME] (1) Ms [RESPONDENT] (2)

Landlord : [RESPONDENT] of Objection : 10 October 2024

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

Tribunal Members : Judge [NAME] (Valuer Member)

Date of Summary Reasons

: 18 February 2025

DECISION

The Tribunal determines a rent of £1,615 per calendar month with effect from 18 February 2025

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

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SUMMARY REASONS

Background 1. On 16 September 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,850 per month in place of the existing rent of £1,530 per month.

2. On 10 October 2024 under Section 13(4)(a) of the Housing Act 1988, the Tenants referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. The Tenants’ referral was received by the Tribunal on 11 October 2024.

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 considered the comparable evidence provided by the parties and using 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 £1,900 per calendar month. From this level of rent we have made adjustments in relation to: • 10% reduction for condition • 5% reduction for no white goods (micro-oven only) and no carpets or curtains.

6. The full valuation is shown below:

per calendar month Market Rent

£1,900.00

Less List any deductions

) Condition - 10%

) approx. 15% White goods/carpets and curtains – 5% )

285.00

£1,615.00 7. The Tribunal determines a rent of £1,615 per calendar month and this equates to £372.69 per calendar week.

3 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 £1,615 per calendar month.

9. The Tribunal directs the new rent of £1,615 per calendar month to take effect on 18 February 2025, being the date of this decision. The Tribunal is satisfied that a starting date of that specified in the Landlord’s notice would cause the Tenants undue hardship.

Chairman: Judge J P Donegan

Date: 18 February 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.