First-tier Tribunal Determines Fair Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BE/MNR/2024/0061

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 35 [ADDRESS], [POSTCODE]

[NAME] Valuer

Landlord [RESPONDENT], St. [ADDRESS], Newcastle upon Tyne, Tyne and Wear, [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 281.25 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 5 February 2024

*3. The amount included for services is not applicable Not applicable Per

5. Date assured tenancy commenced 11 October 2011

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs In accordance with tenancy agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A two bedroomed two storey terraced house situated in an established residential area.

[NAME] of Decision 22 May 2024

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Case Reference

: LON/00AY/MNR/2024/0044

Property : 35 [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [APPELLANT] of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal

: [NAME] Valuer 79475

Date of Summary Reasons

: 22 May 2024

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DECISION

The Tribunal determines a rent of £281.25 per month with effect from 5 February 2024. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 2 November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £295 in place of the existing rent of £277 per week to take effect from 5 February 2024

2. On 1 February 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 on the basis of the papers provided by the parties.

Evidence 4. There were no written submissions from the parties.

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 its current condition would be in the region of £450 per week. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.

6. The full valuation is shown below:

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 £281.25 per week.

9. The Tribunal directed the new rent of £281.25 to take effect on 5 February 2024. This being the date as set out in the Landlord’s Notice of Increase.

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Chairman: [NAME]: 22 May 2024

APPEAL PROVISIONS

You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law. 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 should they decide to pursue this matter. The details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA.