First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/OOAK/MNR/2024/0662

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 2 Prospect Cottages, London, [POSTCODE]

R Waterhouse FRICS

Landlord [NAME] 297 [ADDRESS] [POSTCODE]

Tenant [NAME]

1. The rent is: £ £2220 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 14 October 2024

*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 13 May 2021

6. Length of the term or rental period Statutory periodic tenancy

7. Allocation of liability for repairs Landlord exterior structure tenant interior

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

9. Description of premises Terraced house, 3-bedroom, one bathroom, and one living room

Chairman R Waterhouse FRICS Date of Decision 16 January 2025

1

Case Reference

: LON/OOAK/MNR/2024/0662

Property : 2 Prospect Cottages, London [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] [NAME] of Objection : 17 September 2024

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

Tribunal

: [NAME] of Summary Reasons

: 16 January 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £2220.00 per calendar month with effect from 14 October 2024. ____________________________________

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

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SUMMARY REASONS

Background 1. The Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 2250.00 per month in place of the existing rent of £ 1650.00 per month to take effect from 14 October 2024.

2. On 17 September 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 17 September 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 consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. Having consideration of the comparable evidence proved by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition/its current condition would be in the region of £2400.00 per calendar month/week. From this level of rent we have made adjustments in relation to:

Photographic evidence submitted by tenant showing damp ingress along a lintel area.

6. The full valuation is shown below:

per calendar month Market Rent

£2400.00

Less List any deductions damp ) 7.5%

£180.00

£2220.00

7. The Tribunal determines a rent of £2220.00 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 £2220.00 per calendar month.

3 9. The Tribunal directs the new rent of £2220.00 per calendar month to take effect on 14 October 2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman:

R Waterhouse FRICS

Date: 16 January 2025

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.