First-tier Tribunal Sets Market Rent for Residential Property

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AY/MNR/2021/0158

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 50a [ADDRESS], [POSTCODE]

[NAME] [NAME]

Landlord [RESPONDENT] c/0 GRML, 1st floor, Citygate, St. [ADDRESS], Newcastle Upon Tyne, Tyne And Wear, [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1100 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 June 2021

*3. The amount included for services is/is

negligible/not applicable nil Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1 June 2005

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Ss11 & 12 Landlord and tenant Act 1985

8. Furniture provided by landlord or superior landlord None

9. Description of premises First floor purpose built maisonette with 1 living room, 2 bedrooms, kitchen and bathroom/wc

[NAME] of Decision 17 January 2022

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/MNR/2021/0158 HMCTS code (paper, video, audio) :

P: PAPERREMOTE

Property : 50a [ADDRESS], [POSTCODE] Applicant : [redacted] : In Person Respondent : [redacted] : None Type of [NAME] : Market Rent under ss13 and 14 of the Housing Act 1988 Tribunal member(s) :

[NAME] [NAME] and venue of hearing : 17 January 2022 at 10 [ADDRESS] [POSTCODE] Date of decision : 26 January 2022

DECISION

Covid-19 pandemic: description of hearing This has been a remote hearing on the papers which has been consented to by the parties. The form of remote hearing was P: PAPERREMOTE. A face-to-face hearing was not held because it was not practicable and all issues could be determined on paper. The documents that I was referred to are the notice of increase, the [NAME] and covering correspondence from the Tenant the contents of which the tribunal have noted Decisions of the tribunal (1) The tribunal determines that the market rent is £1100.00 (one thousand one hundred pounds) per calendar month. (2) The tribunal makes the determinations as set out under the various headings in this decision. The [NAME]

1. The applicant seeks a determination pursuant to section 13 of the Housing Act 1988 following the service of a notice of increase dated 22 April 2021 proposing a new rent of £1220.83 per month in place of the existing rent of £1100.00 per month. The tribunal issued directions on 29 October 2021 The property 2. The subject property is a 1st floor purpose built flat in a 2 storey block with accommodation consisting of 3 rooms kitchen and bathroom/WC. The flat has central heating and double glazing. The Tenant’s evidence 3. No evidence was submitted by the Tenant The landlord’s evidence 4. No evidence was submitted by the Landlord The Law 5. Section 14 the Housing Act 1988, allows a tenant who has received a notice of increase to apply to the tribunal for a determination of the rent which in the tribunal’s opinion the rent at which the dwelling might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy, which is a periodic tenancy having the same periods as the tenancy, beginning

at the beginning of the notice period and on the same terms other than the amount of rent as are contained in the tenancy. Valuation 6. No rental evidence has been provided by the parties so the tribunal relies on its knowledge and experience.

7. The tribunal considers that this flat, let in the market on an AST on normal market terms in the condition the market would expect including carpets, curtains and white goods would achieve a rent of £1300.00 per month. The tribunal has deducted 15% to reflect their lack to reach a rent of £1105 per month which is rounded down to £1100.00 per month.

Name: [NAME] [NAME]: 26 January 2022

Rights of appeal

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