First-tier Tribunal Sets New Rent for Assured Shorthold Tenancy

OUTCOME: Allowed

First-tier Tribunal – [NAME] Chamber File Ref No. LON/00AK/MNR/2023/0180

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]

[COMPANY] 30 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] Miss M [APPELLANT]

1. The rent is: £ 2000 Per Per calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 April 2023

*3. The amount included for services is/is

negligible/not applicable nil Per month

*4. Service charges are variable and are not included n/a

5. Date assured tenancy commenced 26 September 2012

6. Length of the term or rental period Calendar monthly periodic

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord None

9. Description of premises Purpose Built flat c.2010. [NAME] is 2 bedroom, living room/ kitchen, bathroom/wc. Full heating system and double glazed windows. Recently built block located in Eastern Bermondsey. Streetview at June 2022.

Note: The landlord is not obliged to charge this market rent but, may not charge more.

[NAME] of Decision 5 September 2023

FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : LON/00BE/MNR/2023/0121 [NAME] : [ADDRESS], [POSTCODE] Applicant: [redacted]

[NAME] & Miss M [COUNSEL] (Tenants)

Representative : None Respondent : [redacted] (Landlord) Representative : None Type of [NAME] : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 21 September 2023

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an [NAME] dated 13 March 2023 from the tenants of the [NAME], regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 20 February 2023, proposed a new rent of £1680.80 per calendar month, with effect from and including 1 April 2023. The passing rent was said to be £1311.66 per calendar month.

3 The tenancy is an assured shorthold periodic monthly tenancy. A copy of the last tenancy agreement was provided.

4 Directions were issued 1 June 2023. Neither party requested a hearing. The Tribunal does not carry out inspections.

5 The Tribunal received an initial [NAME]. The Tribunal sent out its standard Reply Form to both landlord and tenant. The Tribunal did not receive either back, completed.

6 The Tribunal carefully considered and noted such representations as it received from both parties regarding the location layout size and condition of the [NAME] and other available and let comparable properties in the location.

[NAME]

7 The [NAME] is a purpose built modern ground floor flat in a low rise block, with 2 bedrooms, living room, kitchen and bathroom/ wc. There is full central heating and double glazed windows. The landlord refers to it as a 4 person dwelling: There are 2 tenants.

8 The flat was first let on 26 September 2013 for £1200 pcm. The flat was let without carpets or other floor finishes but was supplied with basic white goods of cooker and fridge/ freezer but without washing machine. No curtains, blinds or other furniture was recorded to have been included.

9 The Tribunal had regard to Google Streetview in Marine St. SE16 (data capture June 2022).

Law

10 In accordance with the terms of S14 of the Housing Act 1988 we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the [NAME] falls to be valued as it stands; but assuming that the [NAME] to be in a reasonable internal decorative condition.

Decision

11 Based on the Tribunal’s own general knowledge of market rent levels in Bermondsey it determines that the subject [NAME] would let on a normal Assured Shorthold Tenancy (AST) terms, for £2,100 per calendar month, fully fitted and in good order. The Tribunal makes a small deduction of £100 pcm for the lack of provision by the landlord or a washing machine, curtains blinds and floor coverings. The market rent is therefore determined at £2,000 pcm.

12 The new rent will take effect from and including 1 April 2023, the effective start date given in the landlord’s Notice. As the Form of Determination dated

5 September 2023 states: The landlord is not obliged to charge this market rent but, may not charge more.

Name: [NAME]. [NAME]: 21 September 2023

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.

Prior to [NAME] such an appeal, an [NAME] must be made, in writing, to this Tribunal for permission to appeal. Any such [NAME] must be made within 28 days of the issue of this decision to the [NAME] (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rule 2013).

If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the [NAME], and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the [NAME] and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).