First-tier Tribunal Determines Rent for Assured Tenancy

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/00JA/MNR/2022/0047 Property : 14 [ADDRESS] [POSTCODE] Applicant : [redacted] Representative : None Respondent : [redacted] Representative : None Type of Application : Section 13(4) Housing Act 1988 Tribunal Member : Mr N [NAME] and venue of Hearing :

24 October 2022

First Tier Tribunal (Eastern) HMCTS Cambridge [POSTCODE]

Date of Decision : 24 October 2022

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application dated 8 August 2022 from the tenant of the Property, regarding a notice of increase of rent, served by the landlord under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 29 April 2022, proposed a new rent of £160 per week exclusive, with effect from and including 3 June 2022. This rent would not include other services.

3 The tenancy is an assured periodic monthly tenancy with effect from and including 8 June 2018. The rent payable up to and including 2 June 2022 was £145 per week exclusive.

Inspection

4 The Tribunal did not inspect the Property owing to current Covid 19 restrictions and precautions it has adopted.

5 The house dates from the 2000’s on a small modern residential estate. From Google Streetview (@ June 2022) the Tribunal could see an external elevation only. The estate roads are private, so there is no clear view otherwise. The flat block is on the ground floor within a two storey block with flats to ground and first floor. It has brick elevations and single lap concrete tile on a double pitched roof. There is on and off road parking and garden and hard standing areas. Windows appeared to be double glazed frames.

6 The Property was said to have full central hearing and to be in fair condition with landlord’s carpets and curtains. The Property did include white goods other than a built-in cooker.

Evidence and Hearing

7 Directions, dated 27 July 2022, for the progression of the case, were issued by Legal [APPELLANT] [NAME]. The tenant requested a telephone hearing. The tenant completed the standard questionnaire providing background information on the tenancy and the Property. The landlord’s agent made representations in a letter dated 21 September 2022 prior to the hearing. The landlord and the tenant attended a telephone hearing on 24 October 2022.

Law

8 In accordance with the terms of S14 of the Act we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the Property falls to be valued as it stands; but

assuming that the Property to be in a reasonable internal decorative condition. The minor defects and absence of landlord’s carpets and curtains were taken into account.

Decision

9 From the Tribunal’s own general knowledge of market rent levels in Peterborough it determines that the subject property would let on normal Assured Shorthold Tenancy (AST) terms, for £160 per week fully fitted and in good order. Although minor defects have been reported at the Property these were not in evidence at the valuation date of 3 June 2022. It thus determines the new rent of £160 per week from and including 3 June 2022.

Chairman N [NAME] 24 October 2022

MR22 First-tier Tribunal – Property Chamber File Ref No. CAM/ooJA/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 14 [ADDRESS] [POSTCODE]

[NAME]

Landlord [APPELLANT] [NAME]

Tenant [APPELLANT] [NAME]

1. The rent is: £ 160 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 3 June 2022

*3. The amount included for services is/is

negligible/not applicable nil Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 8 June 2018

6. Length of the term or rental period 6 months, then periodic

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord Carpets and curtains and white goods including a cooker.

9. Description of premises 2008, 3 room kitchen bathroom/wc flat, brick walls, single lap tiled double pitched roof, off street parking, communal yard/ gardens. Double glazing, full gas fired central heating. Minor defects to interior.

[NAME] of Decision 24 October 2022