First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AG/MNR/2024/0284

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] J Hawkins

Landlord [RESPONDENT] 235 [ADDRESS], [POSTCODE]

Tenant [NAME] [APPELLANT] & [NAME]

1. The rent is: £ £2750 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 9 May 2024

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 9 July 2020

6. Length of the term or rental period 12 months

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord 2x tv stand, 2 x wardrobe and 1x double bed

9. Description of premises 1st floor , 2 bedroom flat , one bathroom, one kitchen in the living space and a balcony

[NAME] of Decision 17 October 2024

1

Case Reference

: LON/OOAG/MNR/2024/0284

Property : [ADDRESS], [POSTCODE].

Tenant

: [APPELLANT] [NAME] and [APPELLANT]

[NAME]

Landlord : [RESPONDENT] of Objection : 7 May 2024

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

Tribunal

: [NAME] J Hawkins

Date of Summary Reasons

: 17 October 2024

© CROWN COPYRIGHT 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £2750.00 per calendar month with effect from 9 May 2024 ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background 1. On 5 April 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2750.00 per month in place of the existing rent of £ 1925.00 per month to take effect from 9 May 2024.

2. On 7 May 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 7 May 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 would be in the region of £2900.00 per calendar month. From this level of rent we have made adjustments in relation to:

The Tenant noted some issues with the property including some black mould.

6. The full valuation is shown below:

£2900.00 per calendar month Market Rent

£2900.00

Less List any deductions for black mould

)

) £150 per month

)

£2750.00

7. The Tribunal determines a rent of £2750.00 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 £2750.00 per calendar month.

3 9. The Tribunal directs the new rent of £2750.00 to take effect on 9 May 2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 17 October 2024

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.