First-tier Tribunal Determines Market Rent for Victorian Flat

OUTCOME: Allowed

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Case reference : Lon/00BA/MNR/2022/0047 Property : [ADDRESS] [POSTCODE] Applicant: [redacted] Respondent : [redacted] : Section 13 Housing Act 1988 Tribunal member(s) : Judge [NAME] and venue of hearing : 15th June 2022 Date of reasons : 29th June 2022

REASONS (HOUSING ACT 1988)

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 Decision of the tribunal (1) The Tribunal determines that the rent that the property in its current condition might reasonably be expected to achieve in the open market under an assured periodic tenancy is £870 per month Background 1. The tenant lives in the property as an assured periodic tenant since 26th October 2019. On 25th February 2022 the landlord served a notice pursuant to section 13 of the Housing Act 1988 seeking to in- crease the rent from £800 to £900 per month effective from 26th March 2022. The application confirms the rent includes a total of £116 per month for service charges, council tax and water rates.

2. By an application dated the 24th March 2022 the tenant re- ferred that notice to the tribunal for a determination of the market rent. and the matter was determined on the papers provided with neither party requesting a hearing.

3. The tenancy agreement confirms the following furniture were included : bed, chair, bedside table and table. Submissions 4. The decision was made on the 15th June 2022 5. No evidence of market rents was provided by the landlord or the tenant in this matter.

6. The property is a first floor converted Victorian flat with three bed- rooms and shared kitchen. The tenancy is for a bedroom in the flat with en suite shower room and wc. The property is located in an established residential area amongst dwellings of a comparable age and type con- venient to local amenities.

Inspection 7. Due to the current restrictions the tribunal did not inspect the property and relied on information provided by the parties and its expert knowledge of properties in the area.

The Law

3 8. The rules governing a determination are set out in section 14 of the Housing Act 1988. In particular, the tribunal is to determine the rent for each flat at which the property might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy, subject to disregards in relation to the nature of the tenancy (i.e. it be- ing granted to a “sitting tenant”) and any increase or reduction in the value due to the tenant’s improvements or failure to comply with the terms of the tenancy. In the absence of any evidence to the contrary, the tribunal has proceeded on the basis that the landlord is responsible for repairs to the structure, exterior and any installations pursuant to section 11 of the Landlord and Tenant Act 1985 and the tenant for inte- rior decoration. The valuation 9 Having carefully considered all of the evidence the Tribunal considers that the rent that would be achieved in reasonable condition with mod- ern amenities would be £870 per month 10. We have not made any deduction to reflect the decorative state of the property because this is the tenants responsibility under the term of the letting.

11. Section 14 (7) of the Housing Act 1988 states that the rent set by the tribunal will apply from the date specified in the notice unless it ap- pears to the tribunal that would cause undue hardship to the tenant [APPELLANT] has confirmed to the Tribunal that there was undue hard- ship caused by the proposed rent increase due to the fact that he is now unemployed and, therefore, the rent determined by the tribunal is to take effect from the date of the Tribunals decision , being 15th June 2022.

Name: Judge D [NAME]: 28th June 2022

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Cham- ber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

4 If a party wishes to appeal this decision to the Upper Tribunal (Lands Cham- ber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28 day time limit, such application must include a request for an extension of time and the reason for not comply- ing with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to pro- ceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tri- bunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the applica- tion is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BA/MNR/2022/0047

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 [ADDRESS], [POSTCODE]

[NAME]

Landlord [APPELLANT] 53 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 870.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 26 March 2022

*3. The amount included for services is: 116.00 Per Month

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 26th October 2019

6. Length of the term or rental period 6 Months

7. Allocation of liability for repairs S11 – Landlords & Tenant Act 1985

8. Furniture provided by landlord or superior landlord Bed, table, chair, bedside table.

9. Description of premises A Victorian first floor converted flat with three bedrooms, two bathrooms and shared kitchen. The tenancy is for a room in the property with en suite shower room/wc

[NAME] of Decision 15th June 2022