First-tier Tribunal sets new rent for assured periodic tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/00HP/MNR/2024/0510

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 [ADDRESS] [POSTCODE]

[NAME] Mr [RESPONDENT]

Landlord Mr & Mrs [RESPONDENT] & [NAME] [RESPONDENT] c/o [COMPANY], 215 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT] [NAME]-Doland

1. The rent is: £ 1100.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 9 September 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 9 July 2019

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord

9. Description of premises Ground floor flat with 2 bedrooms and ensuite shower room to bedroom 1.

[NAME] of Decision 21 October 2024

© CROWN COPYRIGHT 2024

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HP/MNR/2024/0510 Property : Flat 4 [APPELLANT] 73 [ADDRESS] [POSTCODE] Tenant : Ms [COUNSEL] :

None

Landlords : [NAME] [COUNSEL] : [COMPANY] of Application :

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

Tribunal Members : Mr [NAME] Mr [NAME] of Application : 23rd August 2024 Date of Summary Reasons :

21st October 2024

DECISION

The Tribunal determines a rent of £1,100 per calendar month with effect from 9th September 2024.

HAV/00HP/MNR/2024/0510

2

SUMMARY REASONS

Background 1. On 12th July 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,100 per month in place of the existing rent of £950 per month to take effect from 9th September 2024.

2. On 23rd August 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 based on the papers provided by the parties and information freely available on the internet. Evidence

4. There were no written submissions from either party. Determination and Valuation 5. Having given consideration to the comments made by the Landlords’ Agent which accompanied the Notice proposing the new rent, and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenable condition would be in the region of £1,100 per calendar month.

6. Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord. The Tribunal received no evidence or representation that the property was not let in such condition or that the property was in a condition that would not justify such a rent.

7. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £1,100 per month.

8. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship.

9.

Accordingly, the Tribunal directed that the new rent of £1,100 per month should take effect from 9th September 2024 this being the date specified in the notice.

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

HAV/00HP/MNR/2024/0510

3 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.