First-tier Tribunal Adjusts Rent to £600 for Poorly Equipped Property

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/24UP/MNR/2024/0603

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 5 [ADDRESS] [POSTCODE]

[NAME] Mr [RESPONDENT]

Landlord [RESPONDENT] c/o [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 600.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 3 November 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 2007, by succession

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord

8. Description of premises Terraced house lacking any basic amenities.

[NAME] of Decision 2 December 2024

© CROWN COPYRIGHT 2024

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/24UP/MNR/2024/0603 Property : 5 [ADDRESS] [POSTCODE] Applicant Tenant : Mr [COUNSEL] [NAME] :

None

Respondent Landlord : [RESPONDENT] : [COUNSEL] of Application :

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

Tribunal Members : Mr [NAME] R [NAME] Mr [NAME] [NAME] of Application : 20th September 2024 Date of Decision :

2nd December 2024

DECISION

The Tribunal determines a rent of £600 per calendar month with effect from 3rd November 2024.

HAV/29UN/MNR/2024/0519

2 SUMMARY REASONS

Background 1. On 3rd September 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £650 per month in place of the existing rent of £600 per month to take effect from 3rd November 2024.

2. On 20th September 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. Inspection 3. The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. In particular the Tribunal noted that the property has no bathroom, fixed heating system or inside WC, and only very basic kitchen facilities. Evidence

4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord. Determination and Valuation 5. Having given consideration to the comparable evidence provided by the parties and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good lettable condition would be £1,300 per calendar month.

6. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings, a fixed heating system, a modern fitted kitchen, bathroom and inside WC to all be provided by the Landlord.

7. In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the condition of the property, including the lack of even basic amenities, and the items provided by the Tenant.

8. The full valuation is shown below: Full open market rent in good condition £1,300 Less deductions for:- Lack of bathroom

£150 Lack of hot water

£100 Lack of heating

£100 No inside WC

£100

HAV/29UN/MNR/2024/0519

3 Basic kitchen facility

£100 Bedroom 3 accessed via bedroom 2

£30 Tenant’s carpets and curtains

£50 Substandard electrics

£70

____ TOTAL DEDUCTIONS PER MONTH

£700 RENT PAYABLE PER MONTH

£600

9. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £600 per month.

10. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship.

11.

Accordingly, the Tribunal directed that the new rent of £600 per month should take effect from 3rd November 2024, this being the date specified in the notice.

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.