First-tier Tribunal Sets Assured Tenancy Rent at £1620 Monthly

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AE/MNR/2023/0332

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]

Mr A [NAME]

Landlord [RESPONDENT] 42 [ADDRESS],, [POSTCODE]

Tenant [APPELLANT]

1. The rent is: £ 1620.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18 October 2023

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1 October 2016

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Ss11-12 of the Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord none

9. Description of premises Modern first floor purpose built flat with 2 bedrooms, reception room kitchen and bathroom

Chairman A Harris Date of Decision 18 October 2023

1

Case Reference

: HS/LON/00AE/MNR/2023/0332

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] [NAME] of Objection : 28 July 2023

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

Tribunal

: Mr A [NAME] chair

Date of Summary Reasons

: 18 October 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1620 per calendar month with effect from 18 October 2023. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 SUMMARY REASONS

Background

1. On 21 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1800.00 in place of the existing rent of £ 1120.00 per month to take effect from 1 August 2023.

2. On 28 July 2023 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 28 July 2023.

Inspection

3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence

4. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

5. The submissions reveal disagreement between the parties over the condition of the property but an inspection was not requested. There has clearly been a problem with the roof but the evidence is unclear whether this has been finally resolved. There is also a dispute about the electrical system. The tenant sought the assistance of the Local Authority.

6. The landlord has served notice under s21.

Determination and Valuation

7. Having consideration of the comparable evidence proved 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 the condition and with the amenities the market would expect would be in the region of £1800 per calendar month. From this level of rent we have made adjustments in relation to:

a. The legacy of disrepair and dated fittings

8. The full valuation is shown below:

PCM AST Market rent 1,800.00 £ less condition 10.0% 180.00 -£ 1,620.00 £

3

Decision

9. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy was £1620.00 per calendar month.

10. The Tribunal directed the new rent of £1620.00 to take effect on 18 October 2023. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: A Harris

Date: 18 October 2023

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 subsequent application for permission to appeal should be made on Form RP PTA.