First-tier Tribunal Sets Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AH/MNR/2023/0322

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]

[NAME] [NAME] Mrs [RESPONDENT]

Landlord [RESPONDENT] 114 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 800.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 8 August 2023

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 8 May 2021

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 none

9. Description of premises First floor 1 bedroom flat

[NAME] of Decision 27 September 2023

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Case Reference

: HS/LON/00AH/MNR/2023/0322

Property : [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [RESPONDENT] of Objection : 13 July 2023

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

Tribunal

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

: 27 September 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £800 per calendar month with effect from 8 August 2023. FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 ___________________________________

© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 19 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1000.00 per month in place of the existing rent of £ 800.00 per month to take effect from 8 August 2023.

2. On 13 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. The Tenant’s referral was received by the Tribunal on 19 July 2023

Inspection

3. The Tribunal has carried out an inspection of the property on 27 September 2023. The property was found to be cramped with access directly off the staircase to the living room/kitchen. Cooking facilities were considered below standard. The staircase is dark and unattractive.

Evidence 4. The Tribunal held a hearing attended by the Tenant and has considered of the written submissions provided by 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 £800 per calendar month.

6. The Tribunal determines a rent of £800 per calendar month.

Decision

7. 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 £800 per calendar month.

8. The Tribunal directed the new rent of £800 per month to take effect on 8 August 2023 being the date set out in the Landlord’s notice.

Chairman: [NAME]: 27 September 2023

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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.