First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/42UD/MNR/2024/0634 Property : 328 [NAME], Ipswich [POSTCODE] Applicant : [redacted] Representative : None Respondent : [redacted] (Landlords) Representative : Thompsons (Agent) Type of [NAME] : S.13 Housing Act 1988 Determination of a new rent Tribunal Members : Mr [NAME]. [NAME] and venue of Meeting : 4 February 2025 First Tier Tribunal (Eastern) [ADDRESS] [POSTCODE] Date of Decision : 4 February 2025

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an [NAME], undated, in late 2024 but, before the effective start date of the new rent sought, from tenants of the Property, 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 16 August 2024, proposed a new rent of £925 per calendar month exclusive, with effect from and including 10 October 2024. This rent does not include other services.

2

3 The tenancy is an assured periodic calendar monthly tenancy with effect from and including 16 October 2024. A copy was provided.

4 The rent payable from up to and including 9 October 2024 was £725 per calendar month. No furniture or services were included. The landlord provided kitchen oven, hob, hood but no other white goods. The let included carpets but, not curtains.

Directions

5 Directions, dated 9 December 2024, for the progression of the case, were issued by Legal [NAME]. Neither party asked for a hearing.

Inspection

6 There was no inspection. The Property is a small 2 level end terrace house. It has a small front and rear garden. (Google Streetview September 2024).

7 The Property is a small end terraced house dating from the 1890s of traditional construction. It is set within an old established residential area on the local road route B1067.

8 The Property has 2 double bedrooms, bathroom/WC; living room, kitchen. There is double glazing and central heating; but a dispute over the condition of the carpets provided by the landlords. The tenant carried out repairs to 2 floorboards in the back bedroom and installed a shower screen and tiling to the bathroom, gravel to parts of the garden. The kitchen included stove top, oven and vcnt hood. All other white goods are the tenants. There are no curtains.

9 This two storey traditional house has fair face main brick walls to the front and side elevations. There are double single lap concrete tiled roofs.

Tenants’ and Landlord’s Representations

10 The tenants provided written submissions via [NAME], the completed standard Reply Form. The tenant referred to the basic condition of the bedroom floor, the carpets and the minor improvements undertaken to the bathroom and garden.

11 The landlord referred to some half dozen similar nearby two bedroom Victorian brick/ tile, terraced houses, some without front garden, but on side roads, let or to let nearby in late 2024. These were mid or end terrace of similar size, age, condition. The rents ranged from £950 pcm to £1100 pcm for one with a second bathroom and additional space.

3 12 The Tribunal is grateful for such information as was provided by both parties in the [NAME] and standard Reply Forms as well as by the tenant at the hearing.

Law

13 In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the property 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 Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition.

Decision

14 From the Tribunal’s own general knowledge of market rent levels in Ipswich it determines that the subject property would let on normal Assured Shorthold Tenancy (AST) terms, for £950 per calendar month, fully fitted and in good order.

15 From the representations; it found however that the Property lacked some white goods, curtains and doubt was cast on the condition of the carpets and some repairs carried out. For these minor shortcomings the Tribunal makes a small deduction of £25 pcm. The new rent will be £925 pcm.

16 Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure.

[NAME] 4 February 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property 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

4 within 28 days of the issue of this decision to the [NAME] (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property 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 property, 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).

MR22 First-tier Tribunal – Property Chamber File Ref No. CAM/42UD/MNR/2024/0634

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 328 [NAME] [POSTCODE]

[NAME]

Landlord [APPELLANT] & [APPELLANT]

Tenant [APPELLANT]

1. The rent is: £ 925 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 10 October 2024

*3. The amount included for services is/is

negligible/not applicable nil Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 16 October 2023

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

7. Allocation of liability for repairs per tenancy

8. Furniture provided by landlord or superior landlord Landlord’s oven hob hood in kitchen, carpets and laminate flooring included. No curtains or furniture.

9. Description of premises 1890’s end terraced house in good condition external front elevation. Brick walls, double pitched main single lap tiled roof. Small front and rear gardens. Landlord’s full GFCH & DG windows. Accom. 2 levels: 2 double bedrooms, Bath/WC; Kitchen, Living room. Kitchen Tenant has carried out minor works and improvements, back bedroom flooring, shower screen and tiling, garden gravel. No curtains. Carpet condition contested.

[NAME] [NAME] of Decision 4 February 2025