First-tier Tribunal sets new rent for assured periodic tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00BC/MNR/2024/0213

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] Valuer Mr [RESPONDENT]

Landlord [RESPONDENT] 106 [ADDRESS], [POSTCODE]

Tenant [NAME]

1. The rent is: £ 1520 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1st July 2024

*3. The amount included for services is/is

negligible/not applicable Nil Per month

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1st August 2012

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Relevant lease clauses

8. Furniture provided by landlord or superior landlord 3 seater + 2 single seater black leather sofas, fridge, bath curtain, white bookshelf, freestanding shelf, white plastic bin, black coffee table, blinds, double bed + mattress, curtains + curtain poles x2, shoe cabinet, small dining table + 2 chairs, round mirror, single bed, washing machine, bathroom + toilet rug, large 3 door wardrobe.

9. Description of premises A second floor flat in a purpose built block situated in an established residential area of dwellings of a similar style and type. The property offers the following accommodation: lounge, kitchen, bedroom one with shower ensuite, bedroom, bathroom/Wc. There is an allocated car parking space at the rear. The flat is provided with electric storage heaters and an electric water heater.

[NAME] of Decision 26 September 2024

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Case Reference

: LON/00BC/MNR/2024/0213

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] of Objection : 28 March 2024

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

Tribunal

: Mr [NAME] Valuer

Mr [NAME] of Summary Reasons

: 26 September 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1520 per calendar month with effect from 1 July 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 28 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,750 in place of the existing rent of £1,400 per month to take effect from 1 April 2024.

2. On 25 March 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 has carried out an inspection of the property on 26 September 2024. It was attended by the Tenant and Landlord. The inspection revealed dated kitchen and bathroom fittings. No other defects material to the rental valuation were identified at inspection.

Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord. These referred to works undertaken at the property, defects and dilapidation along with evidence of current comparable marketed rents. The Tribunal has also had regard for the opinion of rental value of the dwelling offered by local letting agents. The Tribunal were also made aware by the Tenant of the likely hardship caused should any new rent commence at the starting date given in the Landlords notice.

Determination and Valuation 5. Having consideration of the comparable evidence proved by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1,650 per calendar month. From this level of rent we have made adjustments to reflect tenant furniture and floor coverings, and obsolescence at the property.

6. The full valuation is shown below:

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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 £1,520 per calendar month.

9. The Tribunal directed the new rent of £1,520 to take effect on 1 July 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 26 September 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 subsequent application for permission to appeal should be made on Form RP PTA. You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law.