First-tier Tribunal Sets Weekly Rent of £100 for Poor Condition Property

OUTCOME: Allowed

FIRST – TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : CAM/00KA/MNR/2018/0037

Property : 24, [ADDRESS] [POSTCODE]

Landlord : [COMPANY] (Nationwide) [APPELLANT]

Tenant : Miss S [APPELLANT] of Application : to determine a rent under the Housing Act 1988

Tribunal Members : [NAME] Member

Date of inspection : 10 January 2019

Date Decision Effective: 5 January 2019 _______________________________________________

SUMMARY STATEMENT OF REASONS ____________________________________

DECISION The Tribunal determined a rent of £100.00 per week

THE PREMISES: End-terrace period two-storey property, built of local stone, with a single storey, flat-roofed, rear extension, and a timber-framed lean-to conservatory. There is a small front garden, a small rear garden with a brick out-house, used as a store, and what was an allotment is now used as a parking space for up to two cars, though the Tenant said this was not included in the tenancy. The accommodation consists of a sitting room, kitchen/diner, pantry, rear lobby, small bath/WC and lean-to conservatory, with steep stairs from the kitchen to one double and one single bedroom. The Landlord has not provided any furniture, carpets, curtains, or white goods.

CONDITION: External: the front and rear gates and the brick out-house are in very poor condition, as are sections of the fencing. Sections of the rear wall need re-pointing. All windows, doors and fascias are rotten in places, and appear to need substantially replacing – some of the windows are difficult/impossible to open. The Property has not been re-decorated externally for at least 25 years. However, the extension roof has recently been renovated.

Internal: there is no central heating, and there is evidence of significant damp/condensation/mould throughout the property. Hot water is via an immersion heater without a thermostat or timer. The kitchen fittings are very limited, basic and dated, and the bathroom fittings are dated. The Property has not been re-wired for at least 40 years. The water tank, in the second bedroom, is at least 40 years old, made of asbestos, and not properly insulated. The plumbing is dated. The front door is dated and draughty.

TENANT’S IMPROVEMENTS: None of significance to the rent.

LOCATION Located in a sought-after village, close to the A1, approximately 10 miles from Peterborough.

THE LAW APPLIED: Section 14 Housing Act 1988

OPEN MARKET RENT: The Tribunal relied on the Tribunal members’ knowledge and experience, as no comparable evidence was provided by the parties, and determined an open market rent of £650.00 per calendar month for a similar property, in good condition, and with modern facilities, carpets, curtains and some white goods.

TRIBUNAL’S CALCULATIONS

Open Market Rent £650.00 pcm

Less deduction for condition, lack of modern facilities, carpets, curtains and white goods £ 215.00 pcm

Open market rent for subject property £435.00 pcm

DECISION: The Committee therefore determined a rent of £100.00 per week for the subject property.

Judge Lancaster

Important Note: This is a summary of the Tribunal’s reasons for its decision. Should you require more detailed reasons, they can be supplied but only if a written request for such reasons is received by the Panel Office within 21 days from the receipt of this document. The papers will then be returned to the Chair for such detailed reasons to be prepared.

Caution: For the purpose of reaching a decision the Tribunal inspected the subject property. Such inspection is not a structural survey and only takes a few minutes. Any comments about the condition of the property in this Statement of Reasons are made as a result of casual observation rather

than a detailed inspection. Please do not rely upon such comments as a guide to the structural condition of the property.

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