First-tier Tribunal Sets Market Rent for Assured Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AH/MNR/2024/0505

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 12A [ADDRESS] [POSTCODE]

[NAME] Mr. [RESPONDENT]. [RESPONDENT]

Landlord Mr [APPELLANT] 12 [ADDRESS] [POSTCODE]

Tenant Ms [APPELLANT] [NAME], Mr [APPELLANT] [NAME]

1. The rent is: £ 1,800 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 January 2025

3. The amount included for services is not applicable N/A Per N/A

5. Date assured tenancy commenced 1 October 2018

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs s.11, Landlord and Tenant Act, 1985

8. Furniture provided by landlord or superior landlord Partly furnished – including beds, white goods, floor coverings.

9. Description of premises Three storey maisonette containing three bedrooms, lounge, kitchen and bathroom.

[NAME] of Decision 17 January 2025

Case Reference

: LON/00AH/MNR/2024/0505

Property : 12A [ADDRESS] [POSTCODE]

Tenants

: Ms [RESPONDENT] [NAME]

Mr [RESPONDENT] [NAME]

Landlord : Mr. [RESPONDENT] of Objection : 24th July 2024

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

Tribunal

: Mr. [NAME]

Mr. [NAME] of Summary Reasons

: 17th January 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,800 per calendar month with effect from 1st January 2025. ____________________________________

© CROWN COPYRIGHT 2025

SUMMARY REASONS FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Background

1. On 24 April 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,000 in place of the existing rent which the Landlord states to be £1,800 per calendar month (but the tenant contends to be £1,500 per calendar month) to take effect from 01 August 2024.

2. On 24 July 2024 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 24 July 2024.

3. Directions were issued on 26 September 2024 by the Tribunal.

4. The parties were invited to submit any relevant information and submissions. The Tenant and the Landlord each submitted a reply form and additional evidence to support their respective case.

5. In their reply form, the Tenant had indicated that they wished a hearing be held in this matter. Accordingly, a face-to-face hearing was held in this matter on 7 January 2025 at 10 [ADDRESS], [POSTCODE].

6. In their reply form the Tenant requested that the property be inspected. Accordingly the property was inspected by the Tribunal on 7 January 2027.

Evidence

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

Determination and Valuation

8. Having consideration of the 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 good tenantable condition would be in the region of £2,000 per calendar month. From this level of rent we have made adjustments in relation to:

The current condition of the property including internal décor fixtures, fittings and floor coverings.

9. The valuation is shown below:

per calendar month

Market Rent

£2,000

Less Dated internal decoration, fixtures, fittings and floor coverings Approx.10 %

£200

£1,800

7. The Tribunal determines a rent of £1,800 per calendar month.

Decision

8. 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 £1,800 per calendar month.

9. The Tribunal directs the new rent of £1,800 to take effect on 1 January 2025 as the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 17 January 2025

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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.