First-tier Tribunal sets new rent for assured periodic tenancy

OUTCOME: Allowed

MR22 N [NAME] First-tier Tribunal – Property ChamberFile Ref No. GB/LON/00AN/MNR/2024/0244 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 28A [ADDRESS], [POSTCODE]

N O’Brien Tribunal Judge K Ridgeway Valuer Member

Landlord [NAME] [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT] [NAME]

1. The rent is: £ 235.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)

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

*3. The amount included for services is/is

negligible/not applicable N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 11/12/2017

6. Length of the term or rental period Monthly Periodic

7. Allocation of liability for repairs Per Tenancy

8. Furniture provided by landlord or superior landlord

9. Description of premises This is a converted lower ground floor flat with garden and own entrance, in a converted Victorian terraced house. Accommodation is comprised of Living Room, Kitchen, Bedroom and Bathroom.

MR22 Chairman N O’Brien Date of Decision 9 October 2024

Case Reference : LON/00AN/MNR/2024/0244

Property : 28A [ADDRESS] [POSTCODE]

Tenant

: Ms [APPELLANT]

Landlord : [NAME] of Objection : 3 April 2024

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

Tribunal

: Judge N O’Brien, Mr K Ridgeway MRICS

Date of Summary Reasons

: 9 October 2024

_______________________________________________ DECISION

The Tribunal determines a rent of £235 per calendar week with effect from 5 August 2024. ____________________________________

© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

1. On 20 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £215.26 per week in place of the existing rent of £119.87 per week to take effect from Monday 1 April 2024.

2. On 3 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.

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 considered the written submissions provided by the Tenant. There were no written submissions from the Landlord.

Determination and Valuation 5. Having considered our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition to be in the region of £430 per week. From this level of rent we have made adjustments in relation the condition of the premises and the lack of white goods and flooring.

6. The full valuation is shown below:

Market Rent

£430 per week

Less

Unmodernised bathroom ) Partial double glazing

)

approx. 45 % Damp and mould

)

No flooring or carpets provided )

No white goods

)

(£195) £235

7. The Tribunal determines a rent of £235 per week.

Decision 8. 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 £235 per week.

9. The Tribunal directs the new rent of £235 to take effect on the date of this decision. The tenant has stated that her wages have not kept pace with inflation and the increased cost would impact her significantly. The Tribunal was satisfied that a

starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: N O’Brien

Date: 9 October 2024

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.