Market Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. MAM/LON/00AM/MNR/2023/0370

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 45 [ADDRESS], [POSTCODE]

[NAME]

Landlord [APPELLANT] 361 [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: 27th August 2023

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 20 December 2019

6. Length of the term or rental period Periodic

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A converted flat located on the ground floor forming part of a Victorian mid terrace building. Accommodation comprises one bedroom, living room, kitchen, bathroom.

[NAME] of Decision 28th November 2023

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Case Reference

: LON/OOAM/MNR/2023/0370

Property : 45 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] of Objection : 22 August 2023

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

Tribunal

: Mr [NAME] of Summary Reasons

: 28 November 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1400 per calendar month with effect from 9 September 2023. ___________________________________

© CROWN COPYRIGHT 2023

SUMMARY REASONS FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Background 1. On the 20 July 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,400 per month in place of the existing rent of £1200 per month to take effect from 27 August 2023. The existing rent was that set out in the tenancy agreement which commenced on the 20 December 2019.

2. On the 22 August 2023 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 parties considered this matter could be undertaken without an inspection.

Evidence

4. The Tribunal did not receive any written submissions or comparable evidence from the parties.

Determination and Valuation

5. Having consideration of our own expert general knowledge of rental values in the Hackney and Lower Clapton area, we consider that the open market rent for the property if it were in good marketable condition with reasonably modern kitchen and bathroom, modern services, carpets and curtains and white goods supplied by the landlord would be £1,400 per month. The Tribunal received no evidence to disagree with this assumption.

6. Therefore the Tribunal determines a rent of £1,400 per calendar month.

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 in its current condition was £1,4000 per calendar month.

8.The Tribunal directs the new rent of £1,400 to take effect on the 27 August 2023. 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 not cause the tenant undue hardship.

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Chairman: [NAME]: 28 November 2023

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.