First-tier Tribunal Sets New Rent for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AG/MNR/2023/0144

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 13 St. [ADDRESS], [POSTCODE]

[NAME] Valuer 079475

[RESPONDENT] [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 2227.50 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 01 April 2023

*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 4 May 2021

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs In accordance with lease terms

8. Furniture provided by landlord or superior landlord Floor coverings and white goods

9. Description of premises A second floor flat in a three storey purpose built block. The accommodation comprises 1 living room, 2 bedrooms, kitchen and bathroom/WC.

[NAME] of Decision 15 November 2023

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Case Reference

: TR/LON/00AG/MNR/2023/0144

Property : 13 St Joseph’s [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT] von Wietersheim-

Kramsta

Landlord : [RESPONDENT] of Objection : 29 March 2023

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

Tribunal

: [NAME] Valuer

Date of Summary Reasons

: 15 November 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £2227.50 per calendar month with effect from1 April 2023. ____________________________________

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

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SUMMARY REASONS

Background 1. On the 20 February 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 2,005 in place of the existing rent of £ 1,368 per month to take effect from 1 April 2023.

2. On 29 March 2023 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 consideration of the written submissions provided by the Tenant. No submission was received from the tenant.

Determination and Valuation 5. Having consideration 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 £2,700 per calendar month. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation 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 £2,227.50 per calendar month.

9. The Tribunal directed the new rent of £2,227.50 to take effect on 1 April 2023. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 15 November 2023

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.