Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AS/MNR/2024/0233

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 50 [ADDRESS], [POSTCODE]

[NAME]

Landlord [RESPONDENT] [NAME] c/o [ADDRESS], Hayes, Middlesex, UB3EP

Tenant Mr [APPELLANT] [NAME] [APPELLANT]

1. The rent is: £ 1850 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 April 2024

*3. The amount included for services is

not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 14 September 2022

6. Length of the term or rental period 12 Months

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A 1930’s built semi detached house located in an established road, accommodation comprises: three bedrooms, living room, kitchen, bathroom/wc, garden, garage/store room

[NAME] of Decision 15 October 2024

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Case Reference

: LON/OOAS/MNR/2024/0233

Property : [ADDRESS], hayes, UB3 1ITB

Tenant

: Mr [APPELLANT]

Landlord : [APPELLANT] [RESPONDENT] c/o [NAME] of Objection : 20 March 2024

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

Tribunal

: Mr [NAME] of Summary Reasons

: 15 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,850 per calendar month with effect from 1 April 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On the 15 February 2024 the Landlord’s agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,850 per month in place of the existing rent of £1,650 per month to take effect from 1 April 2024.

2. The Tenants application is dated the 20 March 2023, under Section 13(4)(a) of the Housing Act 1988, however this is considered a typing error. 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 extensive written submissions provided by the landlord and tenant together with a comparable evidence, statement of case and photographs.

Determination and Valuation

5. Firstly, having consideration of the Landlord’s comparable evidence together with our own expert, general knowledge of rental values in the Hayes area, we consider that the open market rent for the property in its current condition would be £2,200 per month.

6. From this level of rent we have made an adjustment of approximately 16% (£350) in relation to condition of the property based upon the photographic evidence and the parties’ statements.

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 willing Landlord under an assured tenancy governed by the relevant clause in the agreement was £1,850 per calendar month.

11. The Tribunal directs the new rent of 1,850 to take effect on the 1 April 2024. This being the date set out in the Landlord’s Notice of Increase and the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

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Chairman: [NAME]: 15 October 2024

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.