First-tier Tribunal Determines Market Rent for Two-Bedroom Flat

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/24UB/MNR/2025/0612

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 [COMPANY] [POSTCODE]

[NAME] [NAME] Judge Gethin

Landlord [NAME] & [NAME] c/o [COMPANY], [ADDRESS], [POSTCODE].

Tenant Mr [APPELLANT]

1. The rent is: £1150.00 Per Calendar Month (To exclude Water Rates and Council Tax but to include any amounts in paras. 3 and 4)

2. The date the decision takes effect is: 21 February 2025

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

4. Date assured tenancy commenced 21 January 2023

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Section 11, Landlord and Tenant Act 1985 applies. The tenant is required to keep the interior of the property in repair, fair wear and tear excepted.

7. Furniture provided by landlord or superior landlord No.

8. Description of premises One of four flats in a modern two storey building of traditional brick construction and pitched tiled roof. No. 86 is on the ground floor with accommodation comprising: living room (with off-street entrance); hall; two bedrooms; kitchen (with off-street entrance); and bathroom/WC. Outside there is a private garden and an allocated parking space.

[NAME] of Decision 10 March 2025

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/24UB/MNR/2025/0612 Property : [COMPANY], Basingstoke Hampshire [POSTCODE] Applicant Tenant : Mr [COUNSEL] :

None

Respondent Landlords : Mr [COUNSEL] and Mrs [COUNSEL] : [COMPANY] of Application :

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

Tribunal Members : [NAME] [NAME] Judge D Gethin Date of Application : 17 January 2025 Date of Decision :

10 March 2025

DECISION

The Tribunal determines a rent of £1,150 (One Thousand, One Hundred and Fifty Pounds) Per Calendar Month with effect from 21 February 2025.

HAV/24UB/MNR/2025/0612 2 SUMMARY REASONS

Background 1. On 7 January 2025 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,150 per month in place of the existing rent of £1,075 per month to take effect from 21 February 2025.

2. On 17 January 2025 under Section 13(4) of the Housing Act 1988, the Tenant referred the Landlords’ 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. 4. [COMPANY] is one of four flats in a modern two storey building of brick construction and pitched tiled roof. No. 86 is on the ground floor with accommodation as follows: living room (with off-street entrance), hall, two bedrooms, kitchen (with off-street entrance) and bathroom/WC. Outside there is a private garden and an allocated parking space. Evidence

5. The Tribunal has considered the Rent Appeal Statement given by Ms [NAME] of [COMPANY] on behalf of the Landlords to the Tribunal and copied to the Tenant, dated 27 January 2025. In addition, the Tribunal has considered the Rent Appeal Statement given by the Tenant, Mr [APPELLANT], to the Tribunal and copied to the Landlords’ Agent, dated 17 February 2025. Both Statements were given in accordance with the Tribunal’s Directions, dated 24 January 2025.

6. With respect to the property, both parties in their Statements included: a floor plan; a selection of photographs; its features; and comment on its condition. The Tribunal has been provided with a copy of the Tenancy agreement dated 21 January 2023.

7. To assist the Tribunal, both parties have provided comparable lettings’ properties to which to refer to reach its valuation.

8. On behalf of the Landlords, Ms [NAME] says ‘’Property was refurbished prior to tenancy commencement and occupation...’’ And goes on to say ‘’Exact age unknown – modern and in good condition.’’ Under ‘Features’, central heating, double glazing, carpets and curtains and white goods are provided by the Landlords. In addition, there is an allocated off-street parking space and a private garden.

9. Ms [NAME] has given nine (9) comparable lettings’ properties to which the Tribunal can refer to, each being a two-bedroom apartment in the Basingstoke,

HAV/24UB/MNR/2025/0612 3 RG24 postcode. The range of rental values listed for the properties is from £1,150 per calendar month to £1,300 per calendar month.

10. In his Statement, Mr [NAME] confirms Ms [NAME] description of the property outlined at paragraph 7 above.

11. Mr [NAME] has given six (6) comparable lettings’ properties to which the Tribunal can refer to. One of which is a one-bedroom flat in Lychpit, available to let at a quoting rent of £950 per calendar month. Mr [NAME] says ‘’This property is similar to [COMPANY], although it only has 1 bedroom.’’ 12. Each of the other five properties is a two-bedroom flat or maisonette. The range of rental values listed for the properties is from £1,000 per calendar month to £1,050 per calendar month. Determination and Valuation 13. After reviewing the rental values of the comparable lettings’ properties given by the parties, and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the market rent for the property in good tenantable condition is £1,150 (One Thousand, One Hundred and Fifty Pounds) Per Calendar Month.

14. From the information and evidence given by the parties in their Statements, the property is in good tenantable condition and includes all those features associated with a residential letting.

Accordingly, the Tribunal has concluded that no adjustment is required to the market rent.

15. The Tribunal therefore decided that the rent at which the property might reasonably be expected to be let in the open market by [NAME] under the terms of this assured tenancy was £1,150 (One Thousand, One Hundred and Fifty Pounds) Per Calendar Month.

16. The Tenant has made no representation that the starting date for the new rent specified in the Landlords’ notice would cause him undue hardship.

17.

Accordingly, the Tribunal directs that the new rent of £1,150 Per Calendar Month should take effect from 21 February 2025. This being the date specified in the Landlords’ Notice proposing a new rent.

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.