First-tier Tribunal Determines Fair Market Rent for Property

OUTCOME: Allowed

© CROWN COPYRIGHT

Case Reference

: BIR/41UK/MNR/2024/0634

Property : 6 [ADDRESS] [POSTCODE]

Tenants

: [RESPONDENT] & [RESPONDENT] [NAME]

Landlord : [RESPONDENT] [NAME]

Landlord’s agent : [NAME] of Application : Determination of a Market Rent under sections 13 & 14 of the Housing Act 1988

Tribunal Members : [NAME] [NAME]. Arb

Date of Decision : 28 June 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £825.00 per calendar month with effect from 30 November 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION

Background

1. On 29 October 2024, the Landlord served a notice under Section 13(2) of the Housing Act 1988 (“the Act”) which proposed a new rent of £950.00 per calendar month (pcm), in place of the existing rent of £725.oo pcm, to take effect from 30 November 2024. The original tenancy commenced on 30 October 2021.

2. By an application received on 30 October 2024, under Section 13(4)(a) of the Act, the Tenants referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.

Inspection

3. The Tribunal has not carried out an inspection of the Property. Accordingly, the Tribunal has considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.

The Property

4. The Tenant returned the Tribunal’s Reply forms. These combined with the Tribunal’s own research, confirmed essential details of the Property as a two-storey house with gas central heating and double glazing with the following accommodation:

GF Two living rooms, kitchen; FF Two bedrooms, bathroom;

Externally two car parking spaces.

The Property is located in a courtyard development situated off [ADDRESS] and [ADDRESS] approximately 1 mile to the west of Tamworth town centre.

The Tenants indicated that the Landlord provided carpets to the Property whilst they provided the white goods.

Evidence

The Tenants

5. The Tenants’ submissions indicated the following outstanding repairs noted at an inspection on 19 September (presumably 2024):

 Cracked front UPVC door.  Two missing tiles on roof

3  Leak under bath.  Water damaged ceiling in dining room  Water damage in WC  Threadbare carpets rippled with no underlay exposing gripper rods.  Gaps in the tops of windows in lounge and dining room not completely sealed causing draught.

6. In addition, the Tenants included extracts from the Rightmove Property Portal showing six properties within the Tamworth area with at least two bedrooms. Of these five were in the range £875.00 to £900.00 pcm, with the sixth at £700.00 pcm.

The Landlord

7. The Landlord did not provide any submissions.

Determination and Valuation

8. Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the majority of achieved rentals appear to be in the order of £825.00 to £900.00 pcm. There is evidence of rentals over £900.00 pcm but that appears to relate to properties with their own parking areas rather than allocated spaces within a courtyard as appears to be for subject. Therefore, the Tribunal adopts, as a starting point, the rental of £900.00 pcm for the Property.

9. From this level of rent, the Tribunal has made adjustments in relation to the following:

a) Condition – as identified by the Tenants above. b) White goods as provided by the Tenants. c) Tenants’ decorating liability at 5%.

The full valuation is shown below:

pcm Market Rent

£900.00

Less a) Items given under a) above

£20.00

b) Items given under b) above

£10.00

c) Items given under c) above

£45.00

£75.00

Say

£825.00

4 Decision

17. Therefore, the Tribunal determines the market rent at £825.00 with effect from 30 November 2024.

Chairman: [NAME]

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

5

First-tier Tribunal – Property Chamber File Ref No. BIR/41UK/MNR/2024/0634

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. 6 [ADDRESS] [POSTCODE]

[NAME] [NAME]. [RESPONDENT]

Landlord [RESPONDENT] [NAME] [RESPONDENT] [NAME]

Tenants [NAME] & [NAME]

1. The rent is: £825.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 30 November 2024

3. The amount included for services is not applicable

Per

4. Date assured tenancy commenced 30 October 2021 5. Length of the term or rental period Monthly 6. Allocation of liability for repairs Landlord and Tenants Act 1985 7. Furniture provided by landlord or superior landlord

8. Description of premises House with 2 bedrooms

[NAME] of Decision 28 June 2025