Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber

File Ref No. ME/LON/OOAC/MNR/202 5/0899

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] L Packer

Landlord [NAME] C/O Fraser & Co

Tenant [NAME]

1. The rent is: £ 2300.0 0 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 13 September 2025

*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 1 October 2017 to 31 March 2018

6. Length of the term or rental period As above

7. Allocation of liability for repairs Landlord external structural

8. Furniture provided by landlord or superior landlord Furniture originally supplied by the landlord has now been replaced by the tenant.

9. Description of premises 3-bedroom property of which one bedroom has an ensuite, family bathroom, living room and kitchen.

MR22 [NAME] of Decision 14 November 2025

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Case Reference

: ME/LON/OOAC/MNR/2025/0899

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] supported by [APPELLANT]

[NAME]

Landlord : [NAME] C/O Fraser & Co.

Date of Objection : 27 July 2025

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

Tribunal

: [NAME] L Packer

Date of Full Reasons : 14 November 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £2300.00 per month to be paid from 13 September 2025 under the Housing Act 1988 section 13. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Full REASONS

Background

1. On 23 July 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2300.00 per month in place of the existing rent of £1850.00 per month to take effect from 13 September 2025.

2. An application dated 27 July 2025 was made 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.

3. The application was accompanied by the Notice of Increase of Rent and, a copy of the tenancy agreement which was initially commenced on 1 October 2017 until 31 March 2018 at a rent of £1150 per month.

4. Directions were issued to the parties on 22 August 2025.The issue was determined after a hearing with both parties present. Neither party requested an inspection, and the tribunal considered an inspection would be disproportionate.

Hearing

Submissions

Applicant Tenant

7. The Applicant tenant provided several documents to the tribunal including; an application for a rent assessment, a completed Rents 1 form, a copy of the tenancy agreement and a section 13 Notice of increase of Rent proposed.

8. The Application dated 27 July 2025 notes; the present tenancy began on 13 August 2919. The current passing rent is £1850.00 per month. The property comprises a flat, on the third floor with one living room, three bedrooms, two bathrooms. The tenant states that whilst some furniture was initially provided it was infested with bed bugs and had to be replaced at the tenant's expense. In terms of disrepair the tenant reports that one of the windows has a leak which causes mould. The fridge and dish washer do not function properly.

9. The tenant notes in their application form that the landlord provided a fridge, cooker and a washing machine.

10.The application was accompanied by a copy of the Notice of Increase for the rent showing the rent proposed as £2300 per month from £1850 per month the new rent to start from 13 September 2025.

3 11. There is a copy of a tenancy dated 13 August 2019, for 12 months expiring on 12 August 2020, the initial rent was £1850 per month.

12. The tenant completed a Reply Form which asserted the tenant requested a hearing but not an inspection. The extent and size of the accommodation is set out. The property is a flat with living room, kitchen, three bedrooms. And a bathroom. The flat has central heating, double glazing, carpets, curtains and white goods, the property has a balcony. Accompanying the Reply Form are a files that show the Inventory Check in Report, of 112 pages.

13. The tenant's representative in their submission noted the window with the alleged defect that was purported to cause the growth of mould. Additionally, the tenant noted the dishwasher and fridge freezer were only partially working.

14. The tenant on questioning the landlord asked whether any of the comparables had the same defects as purported to exist within the subject property.

[NAME]

14. The [NAME] has supplied a completed Reply Form, saying that they do not require an inspection nor a hearing. The Reply Form sets out the accommodation and notes the property is on the third floor but has a lift and noting the property is around 10 years old. In the covering letter to the Reply Form the Landlord ‘s agent asserts that number [ADDRESS] a two-bedroom property was let for £2150 per month on an AST from May 2024 to May 2026. Number [ADDRESS] a three-bedroom property was let on an AST from November 2024 for 12 months at a rent of £2400 per month. Number 14 being on the third floor, the same as the subject property and number 1 being on the ground floor.

15. The agent notes that they believe the “window leaking “is actually condensation caused by tenants living style. The bed bugs infestation is contested but it is stated the landlord paid for remedial treatment and finally attempts to fix the non-function appliance has been frustrated by refusal of access.

16. The landlord's agent has included copies of a number of marketing brochures which the tribunal has carefully considered.

17. The landlord responded to the tenant's submission regarding the alleged defective window, and partially operating dishwasher and fridge freezer. Noting that window and building contractors had attended the property and in their view the matter was resolved, However the landlords were going to gain access via cherry picker to assess from the outside. In terms of the fridge freezer and dishwasher the landlord noted these matters had only been notified to the landlord but access had not been permitted to investigate.

Analysis and Valuation

18. The Notice of Increase dated 23 July 2025 proposes an increase to £2300.00 per month from 13 September 2025.

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19. The tribunal has read the submissions in respect of rental level from both the applicant and the respondent.

20. In respect of the window both parties agree it has presented problems in the past. The parties differ as to whether the issues have been resolved. The tribunal understands the landlord is to externally investigate which implies to the tribunal that they the landlord are not fully satisfied and so the tribunal finds on the facts the issue with the window should be considered on going.

21. In respect of the dish washer and the fridge freezer, the landlord has provided documentary evidence that attempts to gain access have been unsuccessful. The tribunal finds that if the access had been allowed then given the past record of the landlord the alleged defects to the dishwasher and the fridge freezer could have been resolved, The tribunal therefore does not adjust the rent to reflect the assertions from the tenant in this regards given attempts to resolve have not been supported.

22. In respect of the lift reliability, it is unfortunate that lifts do break down from time to time. The tribunal has not seen any detailed information that this lift is any more unreliable that other lifts in similar situations, The tribunal therefore does not mark the rent down in this regard.

23. In respect of the infestation of bed bugs and later of rodents. The parties differ to the timings and cause of the first infestation. However, this has been resolved and is not a factor as at the date of the notice and so the tribunal does not adjust the rent in this regard. In respect of the rodents, again it is unfortunate that rodents are from time to time encountered. These is no documentary evidence that the property suffers any more than others in the block. So, the tribunal considers comparables in the block and considers that would be similarly impacted and so makes no adjustments to the comparables rents.

17. The tribunal has been in receipt of two key comparables. Number 1 which is a similar three-bedroom flat let at £2400 per month in November 2024. Number 14 on the same floor but a two-bedroom let at £2150 per month from May 2024. The tribunal notes that number 1 is a ground floor property and so would attract a lesser rent than a third-floor flat of the same size. The tribunal has heard given the size of the service charge paid by the landlord approximately £5000 per year that the flat is within a good quality block. In consideration of these submissions and using its own expertise determines £ 2450.00 per month, if the flat was in good tenantable condition.

19. However, the tribunal has found the window is not in the best condition. Given the good quality of the block, any defect would attract a discount. The tribunals therefore make a deduction for the window of £150 per month. The tribunal determines a rent of £2300.00 per month.

Undue Hardship 20. The tenant has not made an application under this ground.

5 Decision 21. The Tribunal determines £2300.00 per month from 13 September 2025 in accordance with section 13 of the Housing Act 1988 Chairman: [NAME]: 14 November 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.