Market Rent Determination for Tenant's Property

OUTCOME: Allowed

1

Case Reference

: LON/00AG/MNR/2025/0767

Property : [ADDRESS], [POSTCODE]

Tenant

: Ms [APPELLANT]

Landlord : [NAME] of Objection : 25 March 2025

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

Tribunal

: Mr [NAME]

Date of Summary Reasons

: 12 August 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £540 per week with effect from 8 February 2025. ____________________________________

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FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On 6 February 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 168.11 exclusive of services in place of the existing rent of £ 163.70 per week to take effect from 7 April 2025.

2. On 21 March 2025 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 25 March 2025

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. There were no written submissions from the Landlord. No rental evidence was provided by either party.

5. The tenant queried a number of service charge items listed in the notice and accompanying letter. On this application the jurisdiction of the tribunal is to fix a market rent and the tribunal has no jurisdiction over service charges. These must be challenged on an application under s27 A of the Landlord and Tenant Act 1985.

Determination and Valuation

6. No comparable evidence has been proved by the parties and the tribunal has relied on of 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 £600 per week. From this level of rent we have made adjustments in relation to:

a. No central heating , carpets, curtains or white goods.

3 7. The full valuation is shown below:

8. The Tribunal determines a rent of £540 per week

9. Decision

10. 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 £540 per week.

11. The Tribunal directs the new rent of £540 to take effect on [6 February 2025 This being the date as set out in the Landlord’s Notice of Increase.

12. 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 of social rent and market rent which is due from the tenant.

Chairman: [NAME]: 12 August 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 subsequent application for permission to appeal should be made on Form RP PTA.

PW AST Market rent 600.00 £ less condition/terms 10.0% 60.00 -£ 540.00 £

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AG/MNR/2025/0767

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination or Section 22 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]

[NAME]

Landlord [NAME] [ADDRESS], [ADDRESS], Speke L24 8 RF

Tenant Ms C [APPELLANT]

1. The rent is: £ 540 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 6 February 2025

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 10 January 2000

6. Length of the term or rental period weekly

7. Allocation of liability for repairs S11 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord none

9. Description of premises Third floor purpose built flat with 2 bedrooms, living room, kitchen and bathroom. The flat is double glazed. Central heating was provided by the tenant as are carpets curtains and white goods. There is garage parking.

[NAME] of Decision 12 August 2025