First-tier Tribunal Sets Fair Market Rent for Disputed Property

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AZ/MNR/2024/0507

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] Mr [RESPONDENT] JP

Landlord Ms [RESPONDENT] 2 [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1750 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 23rd August 2024

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 23 May 2023

6. Length of the term or rental period Statutory Periodic Tenancy

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises An ex-local authority purpose built third floor flat, accommodation comprises three bedrooms, living room, kitchen, bathroom, small balcony.

Chairman: [NAME] of Decision: 22nd November 2024

Case Reference

: Lon/00AZ/MNR/2024/0507

Property : [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : Ms [APPELLANT] of Objection : 23 July 2024

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

Tribunal

: Mr [NAME] Mr [NAME] JP

Date of Summary Reasons

: 22 November 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,750 per calendar month with effect from 18 October 2024. ____________________________________

© CROWN COPYRIGHT 2023

SUMMARY REASONS

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Background

1. On the 10 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,250 per calendar month in place of the existing rent of £1,670 per calendar month to take effect from 23 August 2024.

2. The Tenant’s application is dated 23 July 2024 and served 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.

Inspection

3. The Tribunal inspected the property at around 12.40 on the 22 November 2024 in the presence of the tenant and the landlord with her son.

Evidence

4. The Tribunal has consideration of the written submissions and photographs provided by the tenant and the landlord. No comparable evidence was provided by the parties.

Determination and Valuation

5. Firstly, having consideration of the parties’ evidence together with our own expert, general knowledge of rental values in the Lewisham area, we consider that the open market rent for the property in its current condition would be £1,850 per calendar month.

6. The Tribunal has made an adjustment of £100 in relation to condition of the property which included some defective double glazed windows, worn kitchen units and uneven flooring based upon the inspection. This reduces the rent to £1,750 per calendar month.

Decision

7. 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 willing Landlord under an assured tenancy governed by the relevant clause in the agreement was £1,750 per calendar month.

8. The Tribunal directs the new rent of £1,750 to take effect on the 23 August 2024. This being the date set out in the Landlord’s Notice of Increase The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship as no such evidence was provided.

Chairman: [NAME] : 22nd November 2024

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.