First-tier Tribunal Sets New Market Rent for Property

OUTCOME: Allowed

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Case Reference

: BIR/00CN/MNR/2024/0648

Property : 15 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] and [APPELLANT] [NAME]

Landlord : Mrs [RESPONDENT] [NAME]

Landlord’s agent : [RESPONDENT] of application : 17th December 2024

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

Tribunal Members : Mr [NAME] Mrs [NAME] of Decision : 2nd July 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,273.00 per month with effect from 27th January 2025 ____________________________________

S E C FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION Background

1. On 29th November 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,300.00 per month in place of the existing rent of £825.00 to take effect from 27th January 2025.

2. On 10th December 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.

Inspection

3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.

Evidence

4. The Tribunal has considered the written submissions provided by the Landlord. From the information provided it appears that the subject property is a semi-detached house comprising two living rooms and kitchen, three bedrooms and bathroom. There are gardens and two sheds.

5. The Landlord submits that the decoration has not been maintained by the tenant and that the tenant is not using the heating or opening the windows. Various comparables were provided at rentals between £1,200.00 - £1,450.00 per calendar month.

Determination and Valuation

6. Having considered the comparable evidence proved by the parties and of our own expert, 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 £1,425.00 per month. From this level of rent we have made adjustments in relation to:

a) The Tenant’s liability to redecorate.

7. The full valuation is shown below:

Market Rent

£1,340.00 per month Less a) Tenant’s internal decoration liability @ 5% £67.00

£ 67.00 Say £1,273.00

3 Decision

8. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to let in the open market by a willing landlord under an assured tenancy was £1,273.00 per month with effect from 27th January 2025.

Chairman: G S Freckelton FRICS Date: 2nd July 2025

APPEAL PROVISIONS

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

4 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 15 [ADDRESS], [POSTCODE]

Mr G S Freckelton FRICS Mrs [RESPONDENT]

Landlord Mrs [RESPONDENT] [NAME] c/o [APPELLANT] [ADDRESS], [POSTCODE]

Tenant [NAME] and [APPELLANT] [NAME]

1. The rent is: £1,273.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 27th January 2025

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

4. Date assured tenancy commenced 27/10/2016 5. Length of the term or rental period Not known 6. Allocation of liability for repairs Landlord and Tenant Act 1985

7. Furniture provided by landlord or superior landlord None

8. Description of premises A semi-detached house comprising two living rooms, kitchen, two bedrooms and bathroom. Gardens. Two sheds. Chairman G S Freckelton FRICS Date of Decision 2nd July 2025

First-tier Tribunal – Property Chamber File Ref No.

BIR/OOCN/MNR/2024/0648