Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BC/MNR/2025/0613

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination or Section 22 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]

Judge Robert Latham Alison Flynn MA MRICS

Landlord [COMPANY] [NAME], 373 [ADDRESS], [POSTCODE]

Tenant [NAME]

1. The rent is: £ £1,400 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 28 February 2025

*3. The amount included for services is/is

negligible/not applicable N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 30 May 2022

6. Length of the term or rental period monthly

7. Allocation of liability for repairs s.11 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord Let unfurnished

9. Description of premises One bedroom flat with a living room with open plan kitchen. Bathroom with only a shower unit. Central heating. Double glazing. Landlord provided white goods. Off street parking. Shared use of rear garden.

Chairman Robert Latham Date of Decision 20 March 2025

© CROWN COPYRIGHT 2023

Case Reference

: LON/00AR/MNR/2025/0613

Property :, London, IG1 1 LG

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] of Objection : 29 November 2024

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

Tribunal : Judge Robert Latham Alison Flynn MA MRICS

Date of Summary Reasons

: 20 March 2025

_______________________________________________

DECISION

The Tribunal determines a market rent of £1,400 per month with effect from 28 February 2025. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 SUMMARY REASONS

Background

1. On 21 October 2024, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,550 in place of the existing rent of £1,150 per month to take effect from 30 November 2024

2. On 29 November 2024, 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.

Evidence

4. On 5 February 2025, the Tribunal gave Directions. The Landlord requested an inspection. Neither party requested an oral hearing.

5. The Tribunal attended to inspect the property at 11.50 am on 20 March. We were met by [RESPONDENT] on behalf of the landlord and [APPELLANT] [NAME] from the [NAME]. The Tenant did not admit us. She answered “wait a moment”, from inside the flat, but did not then open the door. We tried to telephone her, but her mobile was switched off. We waited for 15 minutes.

6. The Landlord has provided a video which was taken shortly before the flat was let in May 2022. This is a one bedroom flat on the ground floor of a two storey terrace property with four flats. Flat 1 is on one side of the ground floor. There is a living room with open plan kitchen. The bathroom only has a shower unit. There is central heating and double glazed windows. The flat was let unfurnished. There is off street parking. There is shared use of a rear garden. The layout of the flat is not entirely satisfactory.

7. Pursuant to the Directions, [NAME] have returned Reply Forms and written submissions. The Tenant has stressed her limited means. However, these are not relevant to the market rent which we are required to assess, The Landlord has provided a number of comparables in the range of £1,500 to £1,700. [NAME] have raised a number of issues which are not relevant to the rent which we are required to assess.

Determination and Valuation

8. Having regard to the comparables supplied by the Landlord and own expert knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £1,400. We have not been able to inspect the flat. We are therefore not satisfied that we should make any deduction for disrepair.

9. We note that the Tenant is in receipt of universal credit which will not cover a rent in excess of £1,000 per month. She states that she is suffering from [NAME] disease. She describes herself as a “single, old, frail, vulnerable and disable lady”. We consider that it would cause undue hardship were we to backdate the increase to 30 November 2024, namely the date specified in the

3 Notice of Increase. The increase will therefore be payable from 28 February 2025.

Decision

10. The Tribunal determines that the rent at which the subject flat might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy in its current condition is £1,400 per month. The Tribunal directs the new rent shall take effect from 28 February 2025.

Judge Robert Latham 20 March 2025

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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.