First-tier Tribunal Sets Market Rent at £700 for Assured Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AP/MNR/2024/0705

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 ROOM 4 FF Front 116DOWNHILLS PARK ROAD LONDON [POSTCODE]

[RESPONDENT] [NAME]

[APPELLANT] [NAME]

1. The rent is: £ 700.00 Per MONTH (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 3Rd FEBRUARY 2025

*3. The amount included for services is

not applicable N/A Per

*4. Service charges are variable and are not included

Chairman J A NAYLOR FRICS Date of Decision 3RD FEBRUARY 2025

5. Date assured tenancy commenced 10TH JULY 2024

6. Length of the term or rental period MONTHLY

7. Allocation of liability for repairs [RESPONDENT]

8. Furniture provided by [RESPONDENT] or superior [RESPONDENT] A BED , WARDROBE , COFFEE TABLE AND CHEST OF DRAWS

9. Description of premises A FIRST FLOOR REAR ROOM IN A TWO STOREY HOUSE WITH SHARED KITCHEN AND BATHROOM

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : LON/00AP/MNR/2024/0705

Hearing Type : [ADDRESS] of Written Representations

Property : Room 4 (1st Floor Front), 116 [ADDRESS], [POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : 24 October 2024

Type of [NAME] : Referral in Respect of Market Rent Under Section 13 of the Housing Act 1988

Tribunal Members : J. A. Naylor FRICS FIRPM

Valuer Chairman

Date of Full Reasons : 5 February 2025

STATEMENT OF FULL REASONS ON AN [NAME] FOR DETERMINATION OF A MARKET RENT UNDER S 13 AND 14 OF THE HOUSING ACT 1988

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REASONS

Background

1. On 27 September 2024 the [RESPONDENT] served a Notice under Section 13(2) of the Housing Act 1988 proposing an increase in the rent of the above property from the passing rent of £525.00 per month to £700.00 per month.

2. On 24 October 2024 the [APPELLANT] made an [NAME] to the Tribunal for the determination of a market rent.

3. The original tenancy was believed to have begun 28th October 2018

4. The [APPELLANT] occupies the property by way of an Assured Periodic Tenancy.

5. By way of a letter dated 13 December 2024, the Tribunal issued directions. These required the [RESPONDENT] to provide details of evidence on which they wished to rely by way of reply by 3 January 2025. The [APPELLANT] was directed to do the same by 17 January 2025 and the [RESPONDENT] was given until 24 January 2025 for his response thereto.

6. Both parties took the opportunity to make submissions.

7. In consideration of the Market rental value of the subject property, the Tribunal has taken into consideration all documentation before it, including various letters and the any reply forms returned by the parties.

8. By way of submissions, the [APPELLANT] states that the property is overcrowded and should be licensed as an HMO.

The [APPELLANT] confirms that the tenancy included a bed, wardrobe, coffee table and chest of drawers and states that three households share a bathroom and kitchen in what was originally built as a three bedroom / two reception room house now used as three bed sitting rooms.In addition, the [APPELLANT] has provided photographs of the kitchen and bathroom areas for reference.

9. In the [RESPONDENT]’s Reply form the [RESPONDENT] states that he does not require an inspection or a hearing and otherwise completed the form as if it related to the building as a whole rather than the specific property which is one room therein. This was no useful to the Tribunal .The reply form states that the property has central heating, double glazing, white goods, carpets and curtains and the

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tTribunal is left to make the assumption thtathis includes Room 4 . However the [RESPONDENT] provides no comparable evidence or details of the rent that the [RESPONDENT] believes the property could let for.

10. On 31 January 2025, on the basis of paper submissions and without a hearing, the Tribunal determined the Market rent of the above property at £700.00 per month.

The Law

11. When determining a market rent in accordance with the Housing Act 1988 Section 13 regard must be had to all of the circumstances (other than personal circumstances) including the age, location and state of repair of the property, matters contained within the rent, repairing obligations, etc. This means that issues such as the [APPELLANT]’s ability to pay the rent or bills associated with the property are not a consideration for the tribunal in assessing the rent.

Valuation

12. Following consideration of the written and photographic submissions given by both parties and taking into account the Tribunal’s knowledge and experience of the rental market in North london, the Tribunal finds that the market rental value of the property, in good condition, would be £700.00 per month.

13. The Tribunal has no evidence before it relating to the condition of the property and, therefore, makes no deductions from the market rent.

Hardship

14. No representations relating to hardship have been made by the [APPELLANT].

Chairman:

J. A. Naylor FRICS FIRPM

Valuer Chairman

Date:

5 February 2025

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ANNEX OF RIGHTS FOR MARKET RENTS

By Rule 36(2) of the Tribunal procedure, (First-tier Tribunal) (Property Chamber) Rules 2013 the Tribunal is required to notify the parties about any right of appeal they might have.

If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with this case

The [NAME] for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the Decision to the [NAME].

If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit.

The [NAME] for permission to appeal must identify the decision of the Tribunal 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 [NAME] the [NAME] is seeking. Any appeal in respect of the Housing Act 1988 should be on a point of law.

If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).