First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BG/MNR/2025/0653

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination or Section 22 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were [ADDRESS] [POSTCODE]

Judge A Dutton Mrs S Redmond MRICS

Landlord [COMPANY] 45 [ADDRESS] [POSTCODE]

[NAME] [APPELLANT]

1. The rent is: £ £1,900 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 13th May 2025

*3. The amount included for services is not applicable 0.00 Per

*4. Service charges are not included

5. Date assured tenancy commenced 20/1/2023

6. Length of the term or rental period Initial fixed term of 6 months and then continuing as a contractual periodic tenancy on a monthly basis.

7. Allocation of liability for repairs S11 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord Unfurnished

9. Description of premises second floor flat within a 3 storey and basement terrace house c.1900. 2 beds, kitchen, living room, bathroom/wc, central heating, single glazed.

Chairman Judge Dutton Date of Decision 13th May 2025

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BG/MNR/2025/0653 Property : [ADDRESS] [POSTCODE] Tenant : Mr [APPELLANT] Landlord : [NAME] of Application : Section 13 Housing Act 1988 Tribunal Members : Judge Dutton Mrs S F Redmond MRICS Date and venue of Consideration : Paper case 13 May 2025 Date of Summary Reasons : 13 May 2025

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DECISION

The Tribunal determines a rent of £1,900 per calendar month with effect from 13 May 2025 ____________________________________

SUMMARY REASONS

Background 1. On 21 November 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,309 per month in place of the existing rent of £1,272 per month to take effect from 20 January 2025

2. On 12 December 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. The Tenant’s referral was received by the Tribunal on 6 January 2025.

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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 tenant Mr. [APPELLANT] completed and returned the reply form sent to him with the directions from the tribunal. He indicated that the property was in good condition but that there was a problem with bed bugs and that the windows were not double glazed. There were no written submissions from the Landlord.

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 £2000 per calendar month. From this level of rent we have made adjustments in relation to the repairing obligations of the tenant, limited though they may be to what would appear to be internal decorations and some minor issues such as glass repair. The tenant says the property is in good condition save for alleged infestation issues

6. The full valuation is shown below:

Market Rent

£2000 per month

Less Deductions for obligations under the tenancy agreement say £100 per month

7. The Tribunal determines a rent of 1900 per calendar month.

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 £1,900 per calendar month.

9. The Tribunal directs the new rent of £1,900 to take effect on 20 January 2025 this being the date as set out in the Landlord’s Notice of Increase The tenant gave no indication of hardship if the rent ran from this date and indeed it is understood that the landlord may only charge the rent shown on the application to increase.

Chairman: Judge Dutton

Date: 13 May 2025

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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.