Rent Determination for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BK/MNR/2024/0250

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 [ADDRESS], [POSTCODE]

[NAME] [NAME]

Landlord [RESPONDENT] Lane, Chalfont St. Peter, Gerrards Cross, Buckinghamshire, [POSTCODE]

Tenant [NAME] [APPELLANT]

1. The rent is: £ 2940.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18 April 2024

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 18 December 2021 to 17 December 2022

6. Length of the term or rental period 12 months

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord Kitchen appliances , beds, wardrobes, tables and chairs and curtains

9. Description of premises Flat within purpose built 1930s block , 4 bedrooms, one living room, bathroom/WC and kitchen.

[NAME] of Decision 21 October 2024

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Case Reference

: LON/OOBK/MNR/2024/0250

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] [RESPONDENT] of Objection : 8 April 2024

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

Tribunal

: R [NAME] [NAME] of Summary Reasons

: 21 October 2024

© CROWN COPYRIGHT 2023

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DECISION

The Tribunal determines a rent of £2940.00 per calendar month with effect from 18 April 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 5 April 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £3500.00 per month in place of the existing rent of £ 2100.00 per month to take effect from 18 April 2024.

2. On 8 April 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 Tenant’s referral was received by the Tribunal on 8 April 2024.

Inspection

3. The property is a flat within [ADDRESS], Queensway. [ADDRESS] is a purpose built of flats built in the 1930s, the building has good quality communal areas and is served by a lift. The Tribunal did inspect the property. The property is on the second floor and accessed by lift and stairs. There are four bedrooms and two bathrooms, a living room and a kitchen. The floor throughout is paraquet flooring probably original but of soft wood which with its age is splintering. All the windows in the flat except one were original. In the main bathroom there was a metal framed window, but the top section was broken. The kitchen door to the outside does not open as the key is absent. The kitchen has tiles, an old fridge freezer which came with the property. The hob and oven are electric. Behind this was the rubbish store for the floor. The kitchen is functional but dated and subject to wear and tear. The majority of windows were original single glazed sash windows some which fitted others not. The property is centrally heated from the communal boiler, hot water and heating being included with the rent. There are adequate electrical sockets through the property although several, the tribunal was told do not work. There a several built in cupboards off the main hall of the flat.

Evidence and Hearing 4. The Tribunal has had consideration of the written submissions, the submissions made at the hearing and the findings of the inspection. The tenant attended the hearing the landlord did not.

The tenant noted the flat had not been renovated for 20 years, it had recently been inspected by the Environmental Health Department of the local authority in respect of the splintering floor.

3 The tenant noted the central heating system had radiators in each room, but two were cold all the time, one tepid and four hot. The radiator in the bathroom had been replaced by the tenant.

One of the two bathrooms had been replaced in summer of 2023, the original bath was left in place, but tiling replaced, and a new sink and WC installed.

In terms of letting the tenant cited a comparable flat of the same size to let from Dexters at £3450 per month but fully refurbished comprising three rooms only. The tenant contended the subject flat in its current state should be no more than £2350 per month.

No application was made for an altered date due to hardship.

Determination and Valuation

5. The tribunal notes that a 2 bedroom flat in the same building is currently available for £2600 per month , this including the communal hot water and heating that the subject flat enjoys, 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 £4200.00 per calendar month. From this level of rent we have made adjustments in relation to:

6. The full valuation is shown below:

£4200.00 per calendar month

Market Rent

£4200.00

Less List any deductions for condition and speciation 30%

)

) £1260.00 per month

)

£2940.00

7. The Tribunal determines a rent of £2940.00 per calendar month.

Decision 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 £2940.00 per calendar month.

9. The Tribunal directs the new rent of £2940.00 to take effect on 18 April 2024. This being the date as set out in the Landlord’s Notice of Increase.

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Chairman: [NAME]: 21 October 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 within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.