First-tier Tribunal Sets Rent for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – [NAME] Chamber File Ref No. LON/00AS/MNR/2021/0090

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]

Mr [RESPONDENT]

Landlord [RESPONDENT] [NAME] 3 [ADDRESS], [POSTCODE]

Tenant [NAME] [APPELLANT] [NAME]

1. The rent is: £ 2700.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 03 March 2021

*3. The amount included for services is not applicable N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 3rd December 2016

6. Length of the term or rental period Monthly Periodic

7. Allocation of liability for repairs As Per Tenancy

8. Furniture provided by landlord or superior landlord White goods and floor coverings included.

9. Description of premises Large 1930’s former detached house since converted to a small block of flats/ maisonettes. [NAME] accommodation is on 2 levels. Top floor: 3 bedrooms, 2 bathrooms, Lower floor: 2 reception rooms, kitchen. Full gas central heating and double glazing.

[NAME] of Decision Wednesday 25th August 2021

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : LON/00AS/MNR/2021/0090 [NAME] : [ADDRESS], Frithwood Ave. Northwood [POSTCODE] Applicant : [redacted] Representative : None Respondent : [redacted] Representative : None Type of Application : Section 13(4) Housing Act 1988 Tribunal Members : Mr [NAME] and venue of Hearing : 24 [ADDRESS] [POSTCODE] Date of Decision : 24 August 2021

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application dated 2 March 2021 from the tenant of the [NAME], regarding a notice of increase of rent, served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 29 January 2021. January 2021, proposed a new rent of £2700 per calendar month (pcm), with effect from and including 3 March 2021. The passing rent in the notice, was £2500 pcm.

3 The tenancy is an assured periodic monthly tenancy.

2

Inspection

4 The Tribunal did not inspect the [NAME] owing to the application of the current Covid 19 regulations by the [NAME] Chamber. The Tribunal had regard to [ADDRESS] images of the [NAME] from the public road (@ April 2018). However access to the building within which the [NAME] is located is via a private drive and so there were no images from Streetview. Regard was had to the published EPC.

Representations

5 Directions, dated 28 June 2021, for the progression of the case, were issued. Neither party requested a hearing. The tenant had made brief representations in the application but, the Tribunal did not receive further representations to the Tribunal in response to the directions.

6 The [NAME] is apparently a maisonette of some 1800ft2 formed with other flats out of the conversion of an interwar former detached house. Accommodation is on two levels: Upper – 3 rooms, 2 bathrooms, Lower - 2 rooms, WC and kitchen. There is full gas central heating and double glazed windows.

7 According to the landlord the [NAME] has two private vehicle parking bays, and use of are shared common driveway and grounds. According to the tenant the accommodation is limited to the maisonette itself. It appears from representations that floor coverings and white goods are provided by the landlord. According to the application form the tenant states that they did not pay a premium.

8 The landlord included a short statement to the Tribunal about various matters including references to the [NAME], history of the tenancy and a passing reference to one local [NAME] to let at a little under £3000 pcm. The landlord also requested that the Tribunal make an order concerning payments of rent by the tenant.

Law

9 In accordance with the terms of S14 of the Act we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the [NAME] falls to be valued as it stands; but assuming that it is in a reasonable internal decorative condition.

Decision

10 Based on the Tribunal’s own general knowledge of market rent levels in Hillingdon, it determines that the subject [NAME] would let on normal

3 Assured Shorthold Tenancy (AST) terms, for £2,700 pcm, fully fitted and in good order.

11 There were no significant tenants improvements or additions to consider, and the [NAME] was let partly furnished with white goods and floor coverings. For this reason the Tribunal makes no deduction. It therefore determines the new rent at £2,700 pcm, with effect from 3 March 2021.

12 The landlord had requested that the Tribunal make an order to require the tenant to pay the rent. The Tribunal has no jurisdiction to make such an order and none is made.

[NAME] 1 September 2021