Rent Adjustment Based on Property Condition - First-tier Tribunal Decision

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AR/MNR/2025/0638 Property : 4 [ADDRESS] [POSTCODE] Tenant : Ms [APPELLANT] [NAME] Landlord : Ms [APPELLANT] of Application : Section 13 Housing Act 1988 Tribunal Members : Judge [NAME] Ms A Flynn MA MRICS Date Consideration : 2 May 2025 Date of Summary Reasons : 2 May 2025

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DECISION

The Tribunal determines a rent of £1615 per calendar month with effect from 24 May 2025 ____________________________________

SUMMARY REASONS

Background 1. On 20th November the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1900 in place of the existing rent of £ 1200 per month to take effect from 24 December 2024.

2. On 18 December 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 application was received on the date it was sent.

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Inspection 3. The Tribunal has carried out an inspection of the property on 2 May 2025. The Applicant was present at the inspection, but the Respondent was not.

Evidence 4. The Tribunal has considered the written evidence provided by the Tenant and the Landlord and in particular the photographs of the property supplied by the Applicant and the evidence of other 3-bedroom properties on the market for rent in the vicinity of the subject property supplied by the landlord and a valuation from a letting agent in respect of the property.

5. The property is link semi-detached with a garage. It is very well maintained by the tenant, who has resided there since 2007 but is showing signs of age. The kitchen appears to have been installed approximately 30 years ago and does not have a mixer tap or extractor fan. The bathroom appears to be similarly aged and also does not have a mixer tap in either the sink or bath. The property has been fitted with double glazed uPVC windows which do not have trickle vents and the areas around the windows are affected by mould. This is shown on photographs supplied by the tenant but was not present to a significant degree at the time of inspection; the tenant advised that she regularly cleans it off. Further the glazed units in the upstairs windows have failed and condensation is present between the glazing in all bedrooms. The third bedroom is extremely small.

Determination and Valuation 6. 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 good tenantable condition would be in the region of £1900 per calendar month. From this level of rent we have made adjustments in relation to the condition of the property.

7. The full valuation is shown below:

Market Rent

£1900 per month

Less

Failed uPVC double glazed windows in upstairs rooms Dated kitchen and bathroom fittings

- £285 (-15%)

£1615

7. The Tribunal determines a rent of £1615 per calendar month

Decision

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3 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 £1615 per calendar month.

9. The Tribunal directs the new rent of £1615 to take effect on 24 May 2025. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship because she relies on state benefits to pay the rent and lives with a disabled adult son. She has a monthly income of £2,720.20 according to the information she has filed regarding her income and expenditure.

Chair: [NAME]: 2 May 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.

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AR/MNR/2025/0638

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 4 [ADDRESS] [POSTCODE]

Judge [NAME] Ms A Flynn MA MRICS

Landlord [NAME] 4 [ADDRESS] [POSTCODE]

Tenant Ms [APPELLANT] [NAME]

1. The rent is: £ 1615 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 24 May 2025

*3. The amount included for services is/is

negligible/not applicable n/a Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 24 March 2023 (12 months)

6. Length of the term or rental period Statutory monthly Periodic

7. Allocation of liability for repairs s.11 Landlord and Tenant Act

8. Furniture provided by landlord or superior landlord Oven fridge washing amchine

9. Description of premises 3 bedroom semi-detached house with garage and garden

[NAME] of Decision 2 May 2025