First-tier Tribunal Sets Rent at £1875 Per Month

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. JM/LON/00AE/MNR/2023/0227

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 8 [ADDRESS], [POSTCODE]

Ian B Holdsworth FRICS RICS Registered Valuer 0079475 [NAME] [RESPONDENT]

Landlord [RESPONDENT] on behalf of [NAME] [RESPONDENT] [NAME] 113-115 [ADDRESS] [POSTCODE]

Tenant [NAME] [APPELLANT] [NAME] & Ms [APPELLANT]

1. The rent is: £ 1875.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 17 October 2023

*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 24/03/2019

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As per tenancy agreement

8. Furniture provided by landlord or superior landlord White goods only, all other furniture provided by the tenant.

9. Description of premises A semi-detached two storey extended house with driveway and garden situated on a interwar built housing estate of similar dwellings. The accommodation comprises: Entrance hall, downstairs toilet, through lounge, dining room, kitchen, 3 bedrooms and bathroom/WC. There are two sheds and a car port.

Chairman Ian B Holdsworth Date of Decision 17 October 2023

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Case Reference

: JM/LON/00AE/MNR/2023/0227

Property : 8 [ADDRESS], [POSTCODE]

Tenant: : [NAME] [APPELLANT] [NAME] Ms [APPELLANT]

Landlord : [NAME] [COUNSEL] [NAME]

: [RESPONDENT] of Objection : 13 May 2023

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

Tribunal

: [NAME] Valuer 0079475 [NAME] [NAME] of Summary Reasons

: 17 October 2023

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DECISION

The Tribunal determines a rent of £1875 per calendar month with effect from 17 October 2023. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 11 May 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2300 in place of the existing rent of £1700 per month to take effect from 3 July 2023.

2. On 13 May 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 inspection of the property on 17 October 2023

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 £2500 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:

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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 £1875 per calendar month.

9. The Tribunal directed the new rent of £1875 to take effect on 17 October 2023. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship].

Chairman: Ian B Holdsworth Date: 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.