First-tier Tribunal Determines Market Rent for Tenant

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. FR/LON/OOAE/MNR/2024/0605

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 Flat 30 [NAME] 353 [ADDRESS], [POSTCODE]

[NAME] C Piarroux JP

Landlord [NAME]

Tenant [APPELLANT] [NAME]

1. The rent is: £ 1550.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

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

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1 March 2021

6. Length of the term or rental period n/k

7. Allocation of liability for repairs Landlord

8. Furniture provided by landlord or superior landlord n/a

9. Description of premises one bedroom apartment with a living room and open plan kitchen, and bathroom WC dressing room/storage and balcony

[NAME] of Decision 13 February 2025

1

Case Reference

: FR/LON/OOAE/MNR/2024/0605

Property : Flat 30, [NAME], 353 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [NAME] of Objection : 30 September 2024

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

Tribunal

: [NAME] C Piarroux JP

Date of Full Reasons : 13 February 2025

© CROWN COPYRIGHT 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1550.00 per calendar month with effect from 1 October 2024.

The Landlord may choose to charge less than the rent determined by the tribunal. ____________________________________

SUMMARY REASONS

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Background

1. On 30 August 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £712.21 per month in place of the existing rent of £661.29 per month to take effect from 1 October 2024.

2. An application dated 30 September 2024 was made 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 30 September 2024.

The tribunal's determination under the Act is for a Market Rent, this is different from other forms of rent, for example affordable rent, which the landlord may charge.

Inspection

3. The Tribunal did inspect the property and found the apartment located in a purpose-built block, newly constructed. The flat is accessed through a communal entrance which accesses two lifts. On the day of the inspection one lift appeared not to be working. The flat itself is accessed from the hall on the fifth floor. The flat has a good-sized hall, from which the kitchen/living room is accessed with balcony beyond. The flat also has a bathroom with bath, WC and sink. Additionally, there is an area which is used to store clothes and other utilities. The landlord attended the inspection.

Evidence

4. The Tribunal has considered the written submissions, provided by the parties, and the tribunal has had the benefit of an inspection. The tribunal only took into account written material that had been shared between both parties.

Determination and Valuation

7. Having consideration of the views of the parties and any comparable evidence provided by the parties and 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 £1600.00 per calendar month.

Decision

8. The Tribunal notes the property has a low-level scaffolding and there is an issue with the dishwasher. The tribunal makes an adjustment to reflect these of £50.00 per month, the tribunal determines £1550.00 from 1st October 2024.

3 9. No application for hardship has been made and as such the Tribunal confirms the proposed date of increase namely.

8. The Tribunal therefore determines the new rent of £1550.00 per month to take effect on 1 October 2024

Chairman: [NAME]: 13 February 2025

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.

1

Case Reference

: FR/LON/OOAE/MNR/2024/0605

Property : Flat 30, [NAME], 353 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [NAME] of Objection : 30 September 2024

Tribunal

: [NAME] [NAME] [NAME] JP

Date of Summary Reasons : 13 February 2025

Date of Full Reasons : 24 March 2025

© CROWN COPYRIGHT 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1550.00 per calendar month with effect from 1 October 2024. The Landlord may choose to charge less than the rent determined by the Tribunal. ____________________________________

Full REASONS

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Background

3. The Tribunal’s determination under the Act is for a Market Rent, this is different from other forms of rent, for example affordable rent, which the landlord may charge.

Inspection

4. The Tribunal did inspect the property and found the apartment located in a purpose-built block, newly constructed. The flat is accessed through a communal entrance which accesses two lifts. On the day of the inspection one lift appeared not to be working. The flat itself is accessed from the hall on the fifth floor. The flat has a good-sized hall, from which the kitchen/living room is accessed with balcony. The flat also has a bathroom with bath, WC and sink. Additionally, there is an area which is used to store clothes. The landlord attended the inspection.

Evidence

5. The Tribunal has considered the written submissions, oral submissions made at the hearing, provided by the parties, and the tribunal has had the benefit of an inspection. The Tribunal only took into account written material that had been shared between both parties.

6. The Tenant’s submissions included;

A letter dated 30 September 2025 to Tribunal from the tenant identifying a number of items;

Failure to fulfil landlord's responsibilities Property Disrepair and Service Failure Unresolved heating and hot water problems Prolonged scaffolding and safety concerns Safety Issues and Parcel Theft

A copy of the tenancy agreement A copy of the Notice of Increase dated 30 August 2024 MP letters And letter of apology from NHGH Housing Ombudsman Decision letter

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The application noting the property the subject of the tenancy comprises one bedroom, one living room and an “kitchen annex”.

The tenancy commenced 1 March 2021 granted initially for 12 months.

The Landlord’s submissions include;

Determination and Valuation

7. Having consideration of the views of the parties and any comparable evidence provided by the parties and 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 £1600.00 per calendar month , if the property was in good tenantable condition.

Decision

8. The Tribunal notes the property is in very good condition other than the presence of low-level scaffolding and the issue with the dishwasher and so makes a deduction of £50.00 per month from £1600.00 per month to reach a rent for the flat in its current condition of £1550.00 per month.

9. No application for hardship has been made and as such the Tribunal confirms the proposed date of increase namely 1 October 2024.

Chairman: [NAME]: 24 March 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. 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.

4 If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it 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.