Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00BB/MNR/2024/0127

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 31 [ADDRESS], [POSTCODE]

[NAME]

Landlord [COMPANY], 3 [ADDRESS], [POSTCODE]

Tenant Miss [APPELLANT]

1. The rent is: £ 350.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 01 April 2024

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

5. Date assured tenancy commenced 18 November 2008

6. Length of the term or rental period Weekly

7. Allocation of liability for repairs As per tenancy agreement and s11

8. Furniture provided by landlord or superior landlord none

9. Description of premises Victorian 3 bedroom mid terrace house

[NAME] of Decision 16 July 2024

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Case Reference : GB/LON/00BB/MNR/2024/0127

Property : 31 [ADDRESS], [POSTCODE]

Tenant

: Miss [APPELLANT]

Landlord : [COMPANY] of Objection : 29 February 2024

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

Tribunal

: Mr [NAME]

Date of Summary Reasons

: 16 July 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £350.00 per week with effect from 1 April 2024. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On 5 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 168.31 in place of the existing rent of £ 156.28 per week to take effect from 1 April 2024.

2. On 19 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. The Tenant’s referral was received by the Tribunal on 29 February 2024.

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 provided by the Tenant and/the Landlord.

Determination and Valuation

5. There was no comparable evidence proved by the parties and the tribunal relied on our own expert, general knowledge of rental values in the area. We consider that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £500 per week. From this level of rent we have made adjustments in relation to:

a. No carpets curtains or white goods b. Dampness and mould growth

6. The full valuation is shown below:

7. The Tribunal determines a rent of £350.00 per week.

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 PW AST Market rent 500.00 £ less condition/terms 30.0% 150.00 -£ 350.00 £

3 willing Landlord under an assured tenancy was £350.00 per calendar month/week.

9. The Tribunal directs the new rent of £350.00 to take effect on 1 April 2024 this being the date as set out in the Landlord’s Notice of Increase.

10. The tribunal notes that the rent paid by the tenant is a social rent which can only be increased by the rise in the Consumer Prices Index plus 1%. The jurisdiction of the tribunal is limited to finding a market rent and it has no power over the level of a social rent. It is the lower figure which is due from the tenant.

Chairman: [NAME]: 16 July 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.