First-tier Tribunal Sets New Rent at £1,350

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AK/MNR/2024/0249

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 35B [ADDRESS], [POSTCODE]

Judge Dutton Mrs S Phillips MRICS

Landlord [NAME] 69 [ADDRESS], [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 1,350 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 20 August 2024

*3. The amount included for services is/is

not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 9 January 2021

6. Length of the term or rental period Annual

7. Allocation of liability for repairs As per agreement

a

8. Furniture provided by landlord or superior landlord A sofa and armchair in the living room, a bed and cupboard in the bedroom and in the kitchen a table and four chairs and some white goods (Washing machine, freezer and fridge

9. Description of premises Ground floor flat comprising two rooms, kitchen and bathroom, with rear garden

Chairman Judge Dutton Date of Decision 20 August 2024

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Case Reference

: LON/00AK/MNR/2024/0249

Property : 35B [ADDRESS], [POSTCODE]

Tenant

: Miss [APPELLANT]

Landlord : Mr [RESPONDENT] of Objection : 8 April 2024

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

Tribunal

: Judge Dutton Mrs S Phillips MRICS

Date of Summary Reasons

: 20 August 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,350 with effect from 20 August 2024. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 27 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,400 in place of the existing rent of £1,200, to take effect from 31 March 2024, this being the first increase since the start of the tenancy, which was 9 January 2021.

2. On 8 April 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 8 April 2024.

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence 4. The Tribunal has consideration of the written submissions and photographs provided by the Tenant on or about 30 July 2024 and the Landlord’s response dated on or about 3 July 2024. The damage to the shed would not, we think, have an impact on the rental value, although we understand that the Landlord will attend to same.

Determination and Valuation

5. Having consideration of our own expertise and 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 £1,350 per calendar month. The letting is an assured shorthold letting with the repairing obligations that one would expect to find in an open market letting.

Accordingly, we do not consider any adjustments would be required to this starting rent.

Decision 6. The Tribunal therefore determined that the rent should be determined at £1,350 per calendar month.

9. The Tribunal directs the new rent of £1,350 to take effect on 20 August 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship

Chairman: Judge Dutton

Date: 20 August 2024

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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.