Market Rent Determination for Tenancy Disputes

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AT/MNR/2024/0097

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 87 [ADDRESS], [POSTCODE]

Mr [RESPONDENT]. [NAME]

Landlord [RESPONDENT] 89 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1,330 Per calendar month (excluding water rates and council tax but including any amounts in paras 3)

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

*3. The amount included for services is not applicable N/A Per N/A

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 16 November 1990

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Tenant responsible for internal repairs and redecoration.

8. Furniture provided by landlord or superior landlord None.

9. Description of premises A mid -terraced house comprising a through lounge, kitchen, three-bedrooms, bathroom and outside WC.

Chairman A. [NAME] of Decision 17/01/2025

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Case Reference

: LON/00AT/MNR/2024/0097

Property : 87 [ADDRESS] [POSTCODE]

Tenants

: Mr [RESPONDENT]

Landlord : Ms [RESPONDENT] of Objection : 26th February 2024

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

Tribunal

: Mr [NAME] of Summary Reasons

: 17th January 2025

Amended on 21st January 2025

_______________________________________________

AMENDED DECISION

The Tribunal determines a rent of £1,330 per calendar month with effect from 1st March 2024. ____________________________________

© CROWN COPYRIGHT 2025

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

We exercise our powers under Rule 50 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 to correct the clerical mistake at paragraph 1 (one) of our Decision dated 17/01/2025. Our amendments are made in bold red type. We have corrected our original Decision because of an accidental slip.

Background

1. On 22 January 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500 in place of the existing rent of £1,025 per calendar month to take effect from 01 August 2024 01 March 2024. There seemed to be disagreement over the existing rent figure as the Landlord’s notice of increase states the existing rent to be £1,025 on 22 January 2024. Whereas the Tenant states the rent to be £1,015 in the tribunal application form dated 16 February 2024.

2. 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 application was received by the Tribunal on 26 February 2024.

3. Directions were issued on 18 October 2024 by the Tribunal.

4. The parties were invited to submit any relevant information and submissions. The Tenant submitted a reply form and additional evidence to support his case. The Landlord submitted evidence largely focused on previous tribunal cases and the jurisdiction of the tribunal. The Tribunal jurisdiction point was dealt with in a separate decision dated 9 October 2024.

5. Both the Landlord and the Tenant stated that they were content for the rent to be determined on the papers. Accordingly the Tribunal determined the case on the basis of the papers.

Evidence

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

Determination and Valuation

8. Having consideration of the evidence proved by the parties and of our own expert, general knowledge of rental values in the area, we consider

3 that the open market rent for the property in good tenantable condition would be in the region of £1,900 per calendar month. From this level of rent we have made adjustments in relation to:

The Tenant’s repair obligations, furnishings, lack of central heating, condition and damp issues.

9. The valuation is shown below:

per calendar month Market Rent

£1,900

Less Tenant’s internal repairing and decoration obligations Lack of landlord furniture, white goods, floor and window coverings No central heating Damp issues (Approx, 30%)

£570

£1,330

7. The Tribunal determines a rent of £1,330 per calendar month.

Decision

8. The Tribunal 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 £1,330 per calendar month.

9. The Tribunal directs the new rent of £1,330 to take effect on 1 March 2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 17 January 2025

Amended on 21 January 2025

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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.