First-tier Tribunal Sets Market Rent for Assured Tenancy

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AH/MNR/2023/0311

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 46 [ADDRESS], [POSTCODE]

[NAME] Valuer 0079475 [RESPONDENT]

Landlord [COMPANY] 82-84 South End, Croydon, [POSTCODE]

Tenant [NAME]

1. The rent is: £ 1196.25 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1st August 2023

*3. The amount included for services is/is

negligible/not applicable Nil Per Month

*4. Service charges are variable and are not included

5. Date assured tenancy commenced Before 1st August 2022

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As per the tenancy agreement dated 20th July 2022

8. Furniture provided by landlord or superior landlord Cooker, Hob and all floor coverings except carpet to stairs.

9. Description of premises A second storey maisonette in a Local Authority built block of similar properties located in an established residential area. The accommodation comprises: kitchen, lounge, two bedrooms and bathroom/WC.

[NAME] of Decision 16 October 2023

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Case Reference

: JM/LON/00AH/MNR/2023/0311

Property : 46 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : Mr [RESPONDENT] and Ms [RESPONDENT] of Objection : 10 July 2023

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

Tribunal

: [NAME] QPM

Date of Summary Reasons

: 16 October 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1196.25 per calendar month with effect from 1 August 2023. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 22 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,450 per month in place of the existing rent of £1ooo per month to take effect from 1 August 2023.

2. On 10 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.

Inspection 3. The Tribunal has carried out an inspection of the property on 16 October 2023. The Landlord attended the property as did Mr [RESPONDENT] of [COMPANY]. The Landlord was not permitted internal access to the premise at inspection by Tribunal.

Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. Having consideration of their 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 £1,450 per calendar month. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.

6. The full valuation is shown below:

Decision

3 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 £1196.25 per calendar month.

8. The Tribunal directed the new rent of £1196.25 to take effect on 1 August 2023. This being the date as set out in the Landlord’s Notice of Increase

Chairman: [NAME]: 16 October 2023

APPEAL PROVISIONS

You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law. 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.