First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00BC/MNR/2024/0363

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 5 [ADDRESS], [POSTCODE]

Tribunal Judge I [NAME] Miss [NAME] ([NAME]) FRICS

Landlord [RESPONDENT] [APPELLANT] 110 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 3,500 Per Calendar month (including council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 12 July 2024

*3. The amount included for services is not applicable

Per

5. Date assured tenancy commenced 12 April 2021

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

7. Allocation of liability for repairs Section 11 of the Landlord and Tenant Act 1985

8. Furniture provided by [NAME]

9. Description of premises 4 bedroom extended semi-detached house with updstairs dressing room/study and access to loft. Ground floor entrance hall, through reception, kitchen/dining room, study and downstairs w.c.

[NAME] Tribunal Judge I [NAME] of Decision 22 October 2024

Case Reference

: GB/LON/00BC/MNR/2024/0363

Property : 5 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] [RESPONDENT] of application : 8 July 2024

Type of Application : Determination of a Market Rent

sections 13 & 14 of the Housing Act

1988

Tribunal

: Tribunal Judge Ian Mohair

Miss [NAME] ([NAME]) FRICS

Date of Decision : 22 October 2024

Date of Extended Reasons

: 22 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £3,500 per calendar month with effect from 12 July 2024. ____________________________________

© CROWN COPYRIGHT 2024

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

EXTENDED REASONS

Background 1. On or about 10 June 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £3,700 per month in place of the existing rent of £3,300 per month to take effect from 1 July 2024.

2. On or about 8 July 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.

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the documentary evidence and the photographic evidence provided by the Landlord.

Evidence 4. Neither party made written representations, nor did they provide any comparable properties as evidence of market rents for this type of property in the location of Ilford, Essex.

Determination and Valuation 5. Having consideration of our own [NAME], general knowledge of rental values in the area of Ilford, we consider that the open market rent for the property in its current condition would be in the region of £3,500 per calendar month. The Tribunal considered that the current liability of the tenant to pay Council Tax as part of the rent had an adverse effect on the market rent.

6. The property appears to be in overall good condition and with the benefit of double glazing, central heating and modernised modern fixtures and fittings. The Tribunal, therefore, made no further deduction for the overall condition of the property.

7. In addition, the garage has been converted for use a living accommodation and the property benefits from having a large garden, which increased the amenity level for the tenant.

Decision 8. Acordingly, 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 [NAME] under an assured tenancy was £3,500 per calendar month.

9. The Tribunal directs the new rent of £3,500 per calendar month to take effect from 12 July 2024, this being the date as set out in the Landlord’s Notice of Increase. The Tribunal was satisfied that a starting date of that

specified in the Landlord’s notice would not cause the tenant undue hardship and there was no evidence of this before us.

Judge: [NAME]: 22 October

2024

APPEAL PROVISIONS

These extended reasons are provided to give the parties an indication as to how the Tribunal made its decision. Any application for permission to appeal should be made on Form RP PTA