First-tier Tribunal Determines Fair Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/00HD/MNR/2025/0622

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 21 [ADDRESS] [POSTCODE]

[NAME] [NAME] Judge Clark

Landlord [RESPONDENT] c/o [RESPONDENT], 2 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] [NAME] [APPELLANT]

1. The rent is: £ 1075.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 February 2025

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

4. Date assured tenancy commenced 4 December 2020

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 Ground floor 2 bedroom flat.

[NAME] of Decision 3 April 2025

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HD/MNR/2025/0622

Property : 21 [ADDRESS] [POSTCODE] Applicant Tenant : [COUNSEL] [NAME] [COUNSEL] :

None

Respondent Landlords : [NAME] GP LLB Representative : [COMPANY] of Application :

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

Tribunal Members : [NAME] [NAME] Judge Clark Date of Application : 30th January 2025 Date of Decision :

3rd April 2025

DECISION

The Tribunal determines a rent of £1,075 per calendar month with effect from 1st February 2025.

HAV/00HD/MNR/2025/0622

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SUMMARY REASONS

Background 1. On 12th December 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,075 per month in place of the existing rent of £995 per month to take effect from 1st February 2025.

2. On 30th January 2025 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. This was received on 31st January 2025. 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. 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 tenantable condition would be £1,075 per calendar month.

6. The Tribunal is required to disregard the personal circumstances of either party and to assess a rent as at the relevant date. The Tribunal cannot make adjustments to the rent to reflect historic issues of repair or maintenance that have now been corrected and cannot assess compensation for any delays in repairs being carried out.

7. 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.

8.

Accordingly, the Tribunal directed that the new rent of £1,075 per month should take effect from 1st February 2025 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.

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HD/MNR/2025/0622 Property : 21 [ADDRESS] [POSTCODE] Applicant Tenant : [COUNSEL] [NAME] [COUNSEL] :

None

Respondent Landlord : [RESPONDENT] GP [RESPONDENT] : [NAME] of Application :

Tribunal Members : [NAME] [NAME] Judge T Clark

Date of Application : 30th January 2025

Date of Decision

:

3rd April 2025

Date of full reasons : 24th April 2025

DECISION

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Summary of Decision

1. On 3rd April 2025 the Tribunal determined a market rent of £1,075 per month to take effect from 1st February 2025. Background 2. The case concerned the determination of a market rent for the subject property following a referral of the Landlord’s notice of increase of rent by the Tenant pursuant to sections 13 and 14 Housing Act 1988.

3. On 12th December 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,075 per month, in place of the existing rent of £995 per month, to take effect from 1st February 2025. The notice complied with the legal requirements.

4. On 30th January 2025 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.

5. The Tribunal does not routinely consider it necessary and proportionate in cases of this nature to undertake inspections or hold Tribunal hearings unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.

6. The Tribunal issued Directions on 18th February 2025 informing the parties that, unless either party objected, the Tribunal intended to determine the rent based on written representations. The parties were invited to make submissions which could include photographs or videos.

7. Both parties made submissions to the Tribunal which had been copied to the other party.

8. Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 3rd April 2025 based on the written representations received.

9. These reasons address the key issues raised by the parties. They do not recite each and every point referred to in the submissions. However, this does not imply that any points raised, or documents not specifically mentioned were disregarded. If a point or document was referred to in the evidence or submissions that was relevant to a specific issue, then it was considered by the Tribunal. The Tribunal concentrates on those issues which, in its opinion, are fundamental to the application. The Law

S14 Determination of Rent by First-tier Tribunal

(1) Where, under subsection (4) (a) of section 13 above, a tenant refers to a First-tier Tribunal a notice under subsection (2) of that section, the Tribunal shall

HAV/00HD/MNR/2025/0622 3 determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy-

(a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.

(2) In making a determination under this section, there shall be disregarded-

(a) any effect on the rent attributable to the granting of a tenancy to a [NAME]; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement- (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.

(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates, or the following conditions are satisfied, namely-

(a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling- house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of [NAME], at least one of them) did not quit.

(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in

HAV/00HD/MNR/2025/0622 4 subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation.

The Property 10. From the information given in the papers and available on the internet, the property comprises a ground floor flat within a modern purpose-built development, itself within a residential area on the northern side of the city of Bristol, within walking distance of Bristol Parkway railway station.

11. The accommodation includes a Hall, Living Room, 2 Bedrooms, Kitchen and bathroom with WC. Outside there is off-street parking on a first come basis.

12. Windows are double glazed, and heating is electric. Flooring, window blinds and white goods are provided by the Landlord. The Energy Performance rating is ‘C’. Submissions 13. The initial tenancy began on 4th December 2020 at a rent of £850 per month. The Tribunal was provided with the schedule of condition, with photographs, taken at the start of the tenancy.

14. The Tenant states that the electric heating was not as per the original tenancy agreement but acknowledges that this has now been upgraded.

15. The Landlord’s agent lists historic works undertaken at the property. The Tenant rightly points out that many of these do not directly relate to the subject flat but to the block as a whole.

16. The Tenant also refers to a water leak from an upstairs flat which affected his property and a faulty storage heater which was repaired on 12th March 2024.

17. The Tenant also refers to a number of “Safety and Security Concerns” relating to behaviour by other parties in the block and a crime incident.

18. The Tenant also comments on the comparable properties provided by the Landlord’s Agent suggesting that the other flat referred to with a rent of £1,250 has a different bathroom than the one within the subject property.

19. The Tenant also suggests that he should have received some compensation for distress caused whilst waiting for repairs to be carried out. Consideration and Valuation 20. The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted only with no oral hearing. Having read and considered the papers it decided that it could do so.

21. The Tribunal is required to determine 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 at the date specified in the Notice. The personal

HAV/00HD/MNR/2025/0622 5 circumstances of the Parties are not relevant to this issue and the Tribunal should not allow historic issues affect its determination.

22. Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in Bristol, the Tribunal decided that the market rent for the subject property if let today in a condition that was usual for such an open market letting would be a minimum of £1,075 per month. This is the rent proposed within the original Notice and takes into account all of the issues raised by the parties.

23. 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. Determination 24. 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 £1,075 per month.

25. The Tribunal directed that the new rent of £1,075 per month should take effect from 1st February 2025, this being the date specified in the notice.

RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case. Where possible you should send your application for permission to appeal by email to [EMAIL] as this will enable the First-tier Tribunal Regional office to deal with it more efficiently.

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.