First-tier Tribunal Sets Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BC/MNR/2023/0383

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 28 [ADDRESS] , [POSTCODE]

Mr [RESPONDENT] [NAME]

Landlord [RESPONDENT] 36 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] & [APPELLANT]

1. The rent is: £ 1400 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 8 September 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 8 December 2018

6. Length of the term or rental period monthly

7. Allocation of liability for repairs As per tenancy agreement s11 of the Landlord and Tenant Act 1985 applies

8. Furniture provided by landlord or superior landlord One double bed, wardrobe, chest of drawers. Two small side cabinets.

9. Description of premises First floor purpose built maisonette with 2 bedrooms, reception room kitchen and bathroom

[NAME] of Decision 4 December 2023

1

Case Reference

: HS/LON/00BC/MNR/2023/0383

Property : 28 [ADDRESS] , [POSTCODE]

Tenant

: Mr [APPELLANT] & [APPELLANT]

Landlord : [RESPONDENT] of Objection : 21 August 2023

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

Tribunal

: Mr [NAME] [NAME] chair

Date of Summary Reasons

: 4 December 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1400 per calendar month with effect from 8 September 2023. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background

1. On 26 July 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1450.00 in place of the existing rent of £ 1175.00 per month to take effect from 8 September 2023

2. On 21 August 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 21 August 2023.

Inspection

3. The Tribunal did not inspect the property.

Evidence

4. There were no written submissions from the parties.

Determination and Valuation

5. Having consideration of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property its current condition would be in the region of £1400.00 per calendar month. The tribunal made no further adjustments in the absence of any evidence.

Decision

6. 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 £1400.00 per calendar month.

7. The Tribunal directed the new rent of £1400.00 to take effect on 8 September 2023 This being the date as set out in the Landlord’s Notice of Increase. Chairman: [NAME]: 4 December 2023

3 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.