Rent Adjustment for Assured Tenancy - First-tier Tribunal Decision

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AF/MNR/2025/0788

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 8 [ADDRESS] [POSTCODE]

[NAME]

Landlord [APPELLANT]

Tenant [APPELLANT] and [APPELLANT]

1. The rent is: £ 2100 Per Cal. month

2. The date the decision takes effect is: 1 March 2025

*3. The amount included for services is Nil Per

*4. Service charges are variable and are not included N/A

5. Date assured tenancy commenced 6 May 2022

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord

9. Description of premises 3 level purpose built terraced house in a small post 2000 block with off road gated yard parking, unrestricted road parking. Block adjacent to substantial social housing estates. Accommodation: Three bedrooms, living room, kitchen, bathroom/ shower/ wc, with ensuite and GF WC, carpets, curtains and white goods. Tiled mono-pitched roof and flat roofs over. Some minor disrepair.... The Landlord may charge a rent up to but, not in excess of the figure shown at box 1.

[NAME] of Decision 2 September 2025

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AF/MNR/2025/0788 Property : 8 [ADDRESS] [POSTCODE] Applicant: [redacted]

[NAME] & [COUNSEL] (Tenants)

Representative : None Respondent : [redacted] Representative : [RESPONDENT] of Application : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 2 September 2025

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application dated 27 February 2025 from the tenants of the Property, regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 27 January 2025, proposed a new rent of £2,200 per calendar month with effect from and including 1 March 2025. The passing rent was said to be £1,800 per calendar month.

2

3 The tenancy is an assured periodic monthly tenancy. A copy of the last tenancy agreement was provided. It ran from 6 May 2022.

4 Directions dated 7 July 2025 were issued inviting representations on the substantive issue of the new rent. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.

5 The Tribunal carefully considered and noted such representations as it received from both parties and the location layout size and condition of the Property and other available and let comparable properties nearby.

6 The tenants referred to a list of about a dozen minor but, persistent items of disrepair in the Property with some in the common areas of the building/ yard where it is located, which the tenant is entitled use. These included defects at:

1. Parking gate between street and yard.

2. Missing pedestrian gate within yard.

3. Intercom.

4. Pavement.

5. Gate.

6. Footpath lights.

7. External pipework from other dwellings.

8. Fencing.

9. Kitchen wall by the boiler.

10. Ground floor WC wall.

7 The landlord referred to two new lettings and a rent review of a neighbouring house, all within the building. These showed a March review to £2,200, with new lets of £2,300 and £2,400 pcm in March and June 2025.

Property

8 The Property is three bedroom mid terraced house within a purpose built short 3 level terrace of houses built post 2000. It is located adjacent to a substantial social housing estate dating from the 1960’s. 1950’s, mainly flats within LB Bromley. Accommodation is on three levels. Third level is a bedroom with ensuite shower/ WC, second level 2 bedrooms and family bathroom, living room, kitchen and WC. The house has the shared use of a communal yard and of a single parking space underneath the building. Full central heating and double glazing.

9 The building has fair faced brick external walls to the lower two floors, rendered t the top/ third, with a part mono-pitch ‘slated’, part flat roof over all. ([ADDRESS] 2025). There was no furniture, nor service charges. The Property included landlord’s carpets, curtains and white goods in the kitchen.

Law

10 In accordance with the terms of S14 of the Housing Act 1988 we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any

3 terms of the tenancy. Thus the Property falls to be valued as it stands; assuming it to be in reasonable internal decorative condition.

Decision

11 Based on the Tribunal’s own general knowledge of market rent levels in LB Bromley determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £2,200 per calendar month, fully fitted and in good order.

12 The Property and the building, however has an ongoing range of minor but, persistent defects which in the Tribunals experience are often replaced by new defects even as older ones are repaired. The Tribunal takes the view that a tenant would expect there to be some minor subsisting disrepair during the next rent period. For this deficiency the Tribunal makes a minor adjustment to the market rent of £100 so that the market rent will be £2,100 pcm.

13 The new rent will therefore be £2,100 per calendar month with effect from 1 March 2025. The Landlord is not obliged to charge this sum and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation. They may not however, charge a rent in excess of it.

Name: [NAME]: 2 September 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.

Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013).

If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

4

The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).