First-tier Tribunal Sets Rent at £1750 per Month

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. MAM/LON/00AE/MNR/2023/0307

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 32 [ADDRESS], [POSTCODE]

[NAME] Valuer Mr [RESPONDENT]

Landlord [APPELLANT] 22 [ADDRESS], [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 1750 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 10 July 2023

*3. The amount included for services is/is

negligible/not applicable N/a Per N/a

5. Date assured tenancy commenced 3/12/2010

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As tenancy agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A ground floor flat in a two storey purpose built block of 2 flats with 2 maisonettes above all with private garden at rear. The accommodation comprises: Entrance hallway, lounge, two bedrooms, kitchen, bathroom and separate wc.

[NAME] of Decision 17 October 2023

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Case Reference

: MAM/LON/00AE/MNR/2023/0307

Property : 32 [ADDRESS], [POSTCODE]

Tenant

: Miss [APPELLANT]

Landlord : [RESPONDENT] of Objection : 7 July 2023

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

Tribunal

: [NAME] Valuer Mr [NAME] of Summary Reasons

: 17 October 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1750 per calendar month with effect from 10 July 2023. ____________________________________

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

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SUMMARY REASONS

Background 1. On 19 May 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1600 per month in place of the existing rent of £1040 per month to take effect from 10 July 2023

2. On 7 July 2023 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 has carried out an external inspection of the property on 17 October 2023. The tenant failed to attend at the arranged inspection date and time and consequently no internal access was possible.

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 £2000 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:

3 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 is £1750 per calendar month.

9. The Tribunal directed the new rent of £1750 per month to take effect on 10 July 2023. This being the date as set out in the Landlord’s Notice of Increase Chairman: [NAME]: 17 October 2023

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.