First-tier Tribunal Sets Market Rent for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AM/MNR/2023/0337

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], [ADDRESS], London, [POSTCODE]

[NAME]

Landlord [COMPANY] 206 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 441.99 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 31 July 2023

*3. The amount included for services is/is

negligible/not applicable 401.99 Per week

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 31 October 2016

6. Length of the term or rental period weekly

7. Allocation of liability for repairs Landlord full repairing

8. Furniture provided by landlord or superior landlord Fully furnished including white goods

9. Description of premises Purpose built one bedroom flat in sheltered scheme. Rent includes all utilities and water rates and use of communal facilities

[NAME] of Decision 16 October 2023

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Case Reference

: TR/LON/00AM/MNR/2023/0337

Property : [ADDRESS], [ADDRESS], London, [POSTCODE]

Tenant

: [APPELLANT] c/0 [COMPANY]

Landlord : [COMPANY] of Objection : 24 July 2023

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

Tribunal

: Mr [NAME]

Date of Summary Reasons

: 16 October 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £441.99 week with effect from 31 July 2023. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background

1. On 30 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 441.99 including utilities in place of the existing rent of £ 405 per week to take effect from 31 July 2023.

2. On 24 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 25 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.

Determination and Valuation

5. 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 its current condition would be in the region of £400 per calendar week exclusive of utilities. Adding back the utility costs provided by the landlord of £56.60 per week exceeds the rent sought by the landlord.

6. The Tribunal determines a rent of £441.99 per week inclusive of utilities.

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 was £441.99 per week inclusive of utilities.

8. The Tribunal directed the new rent of £441.99 to take effect on 31 July 2023 This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 16 October 2023

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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.