First-tier Tribunal Determines Adjusted Market Rent for Property

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AY/MNR/2024/0293

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 2 [ADDRESS], [POSTCODE]

[NAME] Tribunal Judge K [NAME] Member

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

Tenant Mr [APPELLANT]

1. The rent is: £ 880 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 June 2024

*3. The amount included for services is/is

negligible/not applicable N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 6 December 2006

6. Length of the term or rental period Monthly Periodic

7. Allocation of liability for repairs Per Tenancy

8. Furniture provided by landlord or superior landlord

9. Description of premises Purpose built Edwardian ground floor maisonette with gardens. Two bedrooms, living room, kitchen/scullery, bath/ WC. Partial DG, CH, basic electrics, basic kitchen and basic bathroom, severe damp to kitchen, no white goods carpets or curtains. Unmodernised former regulated tenanted property.

Note: The landlord is not obliged to charge this market rent but, may not charge more

MR22 [NAME] of Decision 9 October 2024

Case Reference

: LON/00AY/MNR/2024/0293

Property : 2 [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [COMPANY] of Objection : 8 May 2024

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

Tribunal

: Judge O’[NAME], [NAME] of Summary Reasons

: 9 October 2024 _______________________________________________ DECISION

The Tribunal determines a rent of £880 per calendar month with effect from1 June 2024. ____________________________________

© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 10 April 2024 the Landlord’s agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £880 per month in place of the existing rent of £800 per month to take effect from 1 June 2024.

2. There is a lack of clarity as to the date on which this tenancy started. The application notice indicates that it commenced on 16 December 1999 however the FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

tribunal notes that in a previous determination (LON/00AY/MNR/2022/0089 the Tribunal noted that the tenancy commenced on 6 December 2006. The new rent in the previous determination took effect from 1 June 2022. This tribunal has assumed therefore that the first day of the period of this tenancy is the 1st of each month and that the Section 13(2) notice served by the Landlord’s agent on 10 April 2024 is valid.

2. On 8 May 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 8th May 2024.

Inspection 3. Tribunal did not inspect the property but considered this case on the basis of the papers provided.

Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant. There were no written submissions from the Landlord. We noted the property as a self-contained ground floor maisonette with gardens in a purpose-built Edwardian block. The tenant describes the flat as comprising 2 bedrooms, a living room a kitchen and bathroom/WC. There is partial double glazing, partial central heating with a basic kitchen and bathroom. The tenant states that there is damp in the kitchen and bathroom, no white goods or carpets or curtains. We also considered the tribunals description of the premises in the abovementioned determination as ‘unmodernised former regulated tenanted property’.

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 good tenantable condition would be in the region of £2000 per calendar month. From this level of rent we have made adjustments in relation to its general condition and the dampness in the kitchen.

6. The full valuation is shown below:

Market Rent

£2,000 per month

Less

General condition

)

No white goods

)

Partial central heating

)

No Carpets/Curtains

)

Damp in kitchen and bathroom ) approx. 60%

(£1200) £880

7. The Tribunal determines a rent of £880 per calendar month.

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 £880 per calendar month.

9. The Tribunal directs the new rent of £880 to take effect on 1 June 2024, this being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 9 Oct 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.