First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/43UB/MNR/2024/0501

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] Mr [RESPONDENT]

[RESPONDENT] c/o [RESPONDENT], [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1100.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 31 August 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced Assured tenancy by succession

5. Length of the term or rental period Periodic

6. Allocation of liability for repairs

7. Furniture provided by landlord or superior landlord n/a

8. Description of premises Two bedroom, one living room, one bathroom and WC on first floor plus garage

[NAME] of Decision 14 October 2024

1

Case Reference

: HAV/43UB/MNR/2024/0501

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] C/O [RESPONDENT] of Objection : 2 August 2024

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

Tribunal

: [NAME] M Woodrow MRICS

Date of Summary Reasons

: 14 October 2024

© CROWN COPYRIGHT 2024

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 _______________________________________________

DECISION

The Tribunal determines a rent of £1100.00 per calendar month with effect from 31 August 2024. ____________________________________

SUMMARY REASONS

Background 1. On 26 June 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1100.00 per month in place of the existing rent of £950.00 per month to take effect from 31 August 2024.

2. On 2 August 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 August 2024.

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 considered the written submissions provided by the Tenant and the Landlord. These stated the property is a two-bedroom flat, comprising, one living room, one bathroom and WC located on the first floor in a purpose-built block dating from the 1960s. Additionally there is a garage. The Tribunal notes the specification of the flat as provided by the Landlords and the Tenants submissions.

Determination and Valuation

5. Having considered the comparable evidence provided by the parties and 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 £1100.00 per calendar month.

6. The Tribunal determines a rent of £1100.00 per calendar month.

Decision 7. 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 £1100.00 per calendar month.

3 8. The Tribunal directs the new rent of £1100.00 per calendar month to take effect on 31 August 2024, this being the date as set out in the Landlord’s Notice of Increase.

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.