Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AJ/MNR/2024/0108

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] [NAME] [RESPONDENT] JP

Landlord Mackenzie (Rub1x) [RESPONDENT], 480 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT] [NAME]

1. The rent is: £ 1402.75 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 8 August 2024

*3. The amount included for services is/is

negligible/not applicable Not applicable Per Not applicable

5. Date assured tenancy commenced 6 April 2021

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs In accordance with lease covenants

8. Furniture provided by landlord or superior landlord 1 SOFA 1 BED 1 COFFEE TABLE 2 BEDSIDE CABINETS 1 TV CABINET ONE DINING TABLE AND 4 CHAIRS

9. Description of premises A first floor flat in a purpose built block situated in a mixed commercial and residential area. The accommodation comprises: Living/ Dining/ Kitchen, bathroom/Wc, bedroom . the property benefits from communal heating and hot water system.

[NAME] of Decision 8 August 2024

Case Reference

: LON/00AJ/MNR/2024/0108

Property : [ADDRESS], [POSTCODE]

Tenant

: Ms [APPELLANT] [NAME]

Landlord : Mackenzie (Rub1x) [RESPONDENT] of Objection : 23 February 2024

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

Tribunal

: [NAME] [NAME] [NAME] JP

Date of Summary Reasons

: 8 August 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1402.75 per calendar month with effect from 8 August 2024. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

SUMMARY REASONS

Background 1. On 7th February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,600 in place of the existing rent of £1,200 per month to take effect from 9th March 2024.

2. On 23rd February 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.

Inspection and hearing 3. The Tribunal held a hearing and carried out an inspection of the property on 8 August. Ms [RESPONDENT] attended in person with the Landlord represented by Mr [RESPONDENT] of [NAME], the Landlords agent.

Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. Having consideration of the comparable evidence proved by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1550 per calendar month. From this level of rent we have made adjustments to reflect tenant improvements, any tenant furniture and floor coverings, dilapidation and obsolescence at the property. Other material and relevant rental considerations are also reflected in the valuation.

6. The full valuation is shown below:

Decision

8. 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 was £1,402.75 per calendar month.

9. The Tribunal directed the new rent of £1,402.75 to take effect on 8 August 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 8 August 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. You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law.