Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/40UB/MNR/2024/0602

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 2 [ADDRESS] [POSTCODE]

[NAME] [NAME] [NAME] [RESPONDENT]

Landlord [NAME] & Mrs [RESPONDENT] & [RESPONDENT] c/o [NAME], 3 [ADDRESS], [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 1150.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18 October 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 18 October 2023

5. Length of the term or rental period Statutory Periodic Tenancy

6. Allocation of liability for repairs In accordance with agreement

7. Furniture provided by landlord or superior landlord None

8. Description of premises A mid terrace two storey house built in 2012 forming part of the Icon Estate, Accommodation comprises: three bedrooms, living room, kitchen, cloakroom, bathroom, en-suite shower room, rear garden and allocated parking.

[NAME] [NAME] of Decision 21 November 2024

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Case Reference

: HAV/29UB/MNR/2024/0602

Property : 2 [ADDRESS], [POSTCODE]

Tenant

: Miss [APPELLANT]

Landlord : [NAME] & Mrs [APPELLANT] & [RESPONDENT] c/o [NAME] of Objection : 10 September 2024

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

Tribunal

: [NAME] [NAME] [NAME] [NAME] [NAME] of Summary Reasons

: 21 November 2024

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DECISION

The Tribunal determines a rent of £1,150 per calendar month with effect from 18 October 2024. ____________________________________

© CROWN COPYRIGHT 2024

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On the 1 August 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,150 per month in place of the existing rent of £1,100 per month to take effect from 18 October 2024.

2. The Tenant’s application is dated 10 September 2024 and served 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.

Inspection

3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence

4. The Tribunal has consideration of the written submissions and photographs provided by the Tenant. Comparable evidence was provided by the tenant.

Determination and Valuation

5. Firstly, having consideration of the parties’ comparable evidence together with our own expert, general knowledge of rental values in the Street area, we consider that the open market rent for the property in its current condition would be £1,150 per month.

6. The Tribunal have not made an adjustment in relation to condition of the property based upon the evidence provided by the Tenant.

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 [NAME] under an assured tenancy governed by the relevant clause in the agreement was £1,150 per calendar month.

8. The Tribunal directs the new rent of £1,150 to take effect on the 18 October 2024. This being the date set out in the Landlord’s Notice of Increase The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship as no such evidence was provided.

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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.