First-tier Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AY/MNR/2024/0025

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 22 Determination)

Housing Act 1988 Section 22

Address of Premises The Tribunal members were 27 [ADDRESS], [POSTCODE]

[NAME] [NAME]

Landlord [RESPONDENT] 106, [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £

2,200 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 7 December 2023

*3. The amount included for services is/is

negligible/not applicable Nil Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 2007

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Section 11

8. Furniture provided by landlord or superior landlord The Landlord provided the Fridge but all other white goods and furniture is provided by the tenant

9. Description of premises A first floor purpose built 3 bedroomed flat with a private garden.

[NAME] of Decision 30 April 2024

Case Reference

: LON/OOAY/MNR/2023/0025/

Property : 27 [ADDRESS], [POSTCODE]

Tenant

: [NAME]:

Landlord : [RESPONDENT] [NAME] of Objection : 5 December 2023

Type of Application : Determination of a Market Rent sections 22 of the Housing Act 1988

Tribunal

: [NAME] Valuer

Date of Summary Reasons

: 30 April 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £2,200 per calendar month with effect from 7 December 2023. ____________________________________

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

SUMMARY REASONS

Background 1. The Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,700 in place of the existing rent of £1,750 month to take effect from 7 December 2023.

2. On or around 5 December 2023 under Section 22(1) 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 December 2023.

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 its current condition would be in the region of £ 2,750 per calendar month.. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.

6. The full valuation is shown below:

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 £2,200 per calendar month.

9. The Tribunal directed the new rent of £2,200 per month to take effect on 7 December 2023. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 30 April 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 subsequent application for permission to appeal should be made on Form RP PTA. You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law.