First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AE/MNR/2024/0326

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 55C [ADDRESS], [POSTCODE]

Judge Bernadette MacQueen Mrs [NAME], [RESPONDENT] 401A [ADDRESS] [POSTCODE]

[NAME] and [APPELLANT] [NAME]

1. The rent is: £ 1,120 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 15 July 2024

3. The amount included for services is not applicable Not Applicable Per Not Applicable

4. Service charges are variable and are not included

5. Date assured tenancy commenced 15 May 2023

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Landlord external repairs

8. Furniture provided by landlord or superior landlord The fixtures and fittings at the Property together with any furniture, carpets, curtains and other effects listed in the Inventory.

9. Description of premises 1 bedroom ground floor flat.

Chairman Judge Bernadette MacQueen Date of Decision 23 September 2024

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Case Reference

: LON/00BC/MNR/2024/0346

Property : Flat 14, [NAME], 51-53 [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT] [NAME]

Landlord : [APPELLANT] of Objection : 26 June 2024

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

Tribunal

: Mrs [NAME] of Summary Reasons

: 8 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,500 per calendar month with effect from 30 June 2024. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 29 May 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,550 per month in place of the existing rent of £1,350 per month to take effect from 30 June 2024.

2. On 26 June 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 26 June 2024.

Inspection 3. The Tribunal did not inspect the property as it did not consider it necessary and neither party requested an inspection. The Tribunal did consider 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 in the original application. There were no additional written submissions from the parties.

Determination and Valuation 5. Having consideration of our own expert and 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 £1,600 per calendar month. From this level of rent we have made adjustments as per the valuation below:

per calendar month Market Rent

£1,600

Less Concierge service

) £100

)

£100

£1,500

7. The Tribunal determines a rent of £1,500 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 £1,500 per calendar month.

9. The Tribunal directs the new rent of £1,500 to take effect on 30 June 2024. This being the date as set out in the Landlord’s Notice of Increase.

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Chairman: Mrs S Phillips MRICS

Date: 8 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.