Rent Adjustment for Assured Tenancy Set by First-tier Tribunal

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AB/MNR/2024/0038

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 111 [ADDRESS], [POSTCODE]

Judge Bernadette MacQueen Alison Flynn, MA, [NAME] [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT[NAME]

1. The rent is: £ 2000.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 10 January 2024

*3. The amount included for services is/is

negligible/not applicable Not applicable Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 10 May 2019

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Landlord external repairs

8. Furniture provided by landlord or superior landlord See Decision

9. Description of premises 3 storey terraced house – brick and tile construction

Chairman Judge Bernadette MacQueen Date of Decision 3 June 2024

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Case Reference

: TR/LON/00AB/MNR/2024/0038

Property : 111 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT[NAME]

Landlord : [APPELLANT], represented by [NAME], Romford

Date of Objection : 6 January 2024

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

Tribunal

: Judge Bernadette MacQueen

Alison Flynn, MA, MRICS

Date of Decision : 3 June 2024

Date of Summary Reasons

: 10 June 2024

_______________________________________________ DECISION The Tribunal determines a rent of £2,000 per calendar month with effect from 10 January 2024 ___________________________________

© CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On 13 November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,500 per calendar month in place of the existing rent of £2,000 per calendar month, to take effect from 10 January 2024.

2. By application, dated 6 January 2024 and made 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 6 January 2024.

Hearing and Inspection

3. The Tribunal held a short hearing on 3 June 2024 at 10 [ADDRESS], [POSTCODE], where it heard representations from [NAME[NAME], [NAME[NAME], and [NAME] who live at the Property. [NAME[NAME] was not able to attend the hearing because of work commitments. The Landlord and the Landlord’s agent did not attend. The Tribunal also carried out an inspection of the Property on the same day.

Evidence

4. The Tribunal considered the written submissions provided by the Tenant and the Landlord. Both the Tenant and the Landlord completed the Tribunal’s reply form.

Tenants’ Representations

5. At the hearing [NAME[NAME], [NAME[NAME], and [NAME] told the Tribunal that they believed that the rent was too expensive. They felt that the rent should had been £1,700 when their tenancy began, but they had agreed to £2,000 per month.

Determination and Valuation

6. The Tenant and Landlord did not provide any comparable evidence. The Landlord’s agent stated in the reply form that the market rent was £2,700 but no evidence was provided to the Tribunal to justify this. The Tribunal used its own expert knowledge of rental values in the area and considered that the open market rent for the property in good tenantable condition would be in the region of £2,300 per calendar month. From this level of rent the Tribunal made adjustments in relation to:

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• The lighting at the property - the Tenant was unable to replace the light bulbs as the lights were not of a standard fitting. The lighting in the Property in some rooms was therefore unsuitable. • The bathrooms did not have windows and so relied on extractor fans, however these were not working effectively, resulting in mould. • The hob in the kitchen only had two rings working. • There were water marks from water leaks.

6. The full valuation is shown below:

Market Rent

£2,300 per calendar month

Less

Lighting

5% Hob

3% Extractor Fan/water marks

5%

£2,300 less 13% - TOTAL: £2,000

7. The Tribunal determines a rent of £2,000 per calendar month.

Decision

8. The Tribunal therefore determined that the rent at which the Property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £2,000 per calendar month.

9. The Tribunal directed the rent of £2,000 from 10 January 2024.

Judge Bernadette MacQueen

Date: 10 June 2024

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

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