First-tier Tribunal Determines Fair Market Rent for Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/45UE/MNR/2025/0629

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 18 [ADDRESS] [POSTCODE]

[NAME] [NAME] Judge Gethin

Landlord [NAME], 19 [ADDRESS], [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 1250.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18 February 2025

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

4. Date assured tenancy commenced 18 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 2 double beds, 2 wardrobes, TV unit, coffee table, dining table and 5 chairs, sofa, fridge, washing machine, oven, steam extractor.

8. Description of premises 2 bedroom first floor flat

[NAME] of Decision 23 April 2025

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/45UE/MNR/2025/0629 Property : 18 [ADDRESS] [POSTCODE] Applicant Tenant : Ms [COUNSEL] [NAME] :

None

Respondent Landlord : Ms [COUNSEL] [NAME] : None Type of Application :

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

Tribunal Members : [NAME] [NAME] Judge Gethin Date of Application : 15th February 2025 Date of Decision :

23rd April 2025

DECISION

The Tribunal determines a rent of £1,250 per calendar month with effect from 18th February 2025.

HAV/45UE/MNR/2025/0629 2

SUMMARY REASONS

Background 1. On 16th January 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,380 in place of the existing rent of £1,300 per month to take effect from 18th February 2025.

2. On 15th February 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. 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 £1,500 per calendar month.

6. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.

7. In this case the property is not let in such condition so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for poor ventilation to the Bathroom, ‘blown’ double glazing units, partial electric heating and poor kitchen fittings all evidenced by an Improvement Notice served by Crawley Borough Council dated 18th March 2025.

8. The full valuation is shown below: Full open market rent in good condition £1,500 Less deductions for:- Poor ventilation to bathroom

£25 Defective double-glazing units

£75 Substandard kitchen fittings

£100 Partial electric heating

£50

____ TOTAL RENT PAYABLE PER MONTH

£1,250

HAV/45UE/MNR/2025/0629 3 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 £1,250 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 £1,250 per month should take effect from 18th 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.