First-tier Tribunal Sets Rent for Assured Tenancy Based on Market Rates

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BJ/MNR/2023/0100

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 38 [ADDRESS], [POSTCODE]

[NAME] Judge Professor Robert Abbey

Landlord [COMPANY] 45 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT] & Mr [APPELLANT]

1. The rent is: £ 1906.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 19 March 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 19 December 2007

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs S.11 Housing Act 1985

8. Furniture provided by landlord or superior landlord

9. Description of premises Terraced house

Chairman Prof Robert Abbey Date of Decision 31/05/23

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : TR/LON/00BJ/MNR/2023/0100 Property : 38 [ADDRESS], [POSTCODE] Applicant : [redacted] : - Respondents : [redacted] : - Type of [NAME] : Sections 13 and 14, Housing Act 1988 Tribunal members : [NAME] Tribunal Judge Robert Abbey Venue of hearing

Paper based hearing Date of Decision

31 May 2023 Date of Reasons : 31 July 2023

REASONS

2 Background

1. Prior to the [NAME] before the Tribunal the landlord by a landlord’s notice proposed a rent increase of the rent payable for the tenant’s assured tenancy of the above property. The tenant referred to the Tribunal the notice of increase of rent served by the landlord under section 13 of the Housing Act 1988 (“the Act”).

2. The tenancy is an assured periodic tenancy the terms of which are described in the [NAME] to the Tribunal.

Hearing

3. This has been a paper-based hearing. A face-to-face hearing was not held because all the parties requested a paper-based hearing, and all issues could be determined in a paper-based hearing. The documents that the Tribunal was referred to are in an electronic bundle. Inspection

1. The tribunal did not inspect the property as it considered the documentation and information before it in the trial bundle enabled the tribunal to proceed with this determination. The law

4. The law as to the Tribunal’s approach is given at section 14 of the Act which insofar as relevant is as follows:

(1) Where, under subsection (4)(a) of section 13 above, a tenant refers to a Tribunal a notice under subsection (2) of that section, the Tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy— (a)which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b)which begins at the beginning of the new period specified in the notice; (c)the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; [...].

Findings

5. This is an assured tenancy under the Housing Act 1988. The Tribunal considered the submissions and or papers and documents put forward by the parties. In the light of these submissions and in the light of the

3 comparable market rents seen by the Tribunal in the same area as the subject property the Tribunal reasoning for the rent is:

That from a comparable perspective the Tribunal managed to find one comparable currently on the market on the same street and property size for £2,383 pcm. The Tribunal also located and considered another reasonably local comparable. The Tribunal felt that there were some adjustments to make on this rate given the work that the tenants have undertaken to the property including the flooring, mould issues and repairs to the window frames. Therefore -

Market rent @ £2,383

Adjustments for:

• Mould repairs @ 5%

• Window repairs @ 5%

• Flooring @10%

This results in an adjusted rent of £1,906.40

This is therefore only a little more than the amount paid at the moment (£1,874)

6. The Tribunal is required to consider the terms on which the property might reasonably be expected to be let at in the open market by a [NAME] under an assured tenancy in accordance with the statutory requirements quoted above.

Accordingly, following the above reasoning and the statutory provisions the Tribunal determines that the rent of £1906 per calendar month is payable from and including the 19 March 2023 onward.

Tribunal Judge Professor Robert Abbey

4

ANNEX - RIGHTS OF APPEAL

• The Tribunal is required to set out rights of appeal against its decisions by virtue of the rule 36 (2)(c) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and these are set out below.

• If a party wishes to appeal against this decision to the Upper Tribunal (Lands Chamber) then a written [NAME] for permission must be made to the First-tier Tribunal at the [NAME] which has been dealing with the case.

• The [NAME] for permission to appeal must arrive at the [NAME] within 28 days after the Tribunal sends written reasons for the decision to the [NAME].

• If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed despite not being within the time limit.

• The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal, and state the result the party [NAME] the [NAME] is seeking.