Rent Determination for Assured Tenancy: £460 per Week Effective April 1, 2024

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AZ/MNR/2024/0217

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]

Landlord [NAME] 29-35 [ADDRESS], [POSTCODE]

Tenant Mrs [APPELLANT] & Mr [APPELLANT]

1. The rent is: £ 460.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 01 April 2024

*3. The amount included for services is 37.00 Per Week

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 9 January 2024

6. Length of the term or rental period Assured Weekly Periodic Tenancy

7. Allocation of liability for repairs In accordance with Agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A converted ground floor flat with private garden comprising three bedrooms, living room, kitchen, bathroom/wc.

[NAME] of Decision 13 August 2024

1

Case Reference

: LON/OOAZ/MNR/2024/0217

Property : [ADDRESS] [POSTCODE]

Tenant : Mrs [APPELLANT] & Mr [APPELLANT]

Landlord : [NAME] of Objection : 27 March 2024

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

Tribunal

: Mr [NAME] of Summary Reasons

: 13 August 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £460 per calendar week with effect from 1 April 2024. ___________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

SUMMARY REASONS

Background

1. On the 5 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £193.92 per week in place of the existing rent of £173.40 per week to take effect from 1 April 2024. The Tribunal were provided with a copy of the weekly tenancy agreement which commenced on the 9 January 2023. The proposed rent includes a weekly service charge of £37.56.

2. On the 27 March 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.

Inspection

3. The parties considered this matter could be undertaken without an inspection or hearing.

Evidence

4. Following Directions prepared by the Tribunal on the 19 June 2024 No evidence was provided by the landlord or the tenant

Determination and Valuation

5. Having consideration of our own expert general knowledge of rental values in the Brockley area, we consider that the open market rent for the property if it were in good marketable condition with reasonably modern kitchen and bathroom, modern services, carpets and curtains and white goods supplied by the landlord would be £460 per week.

Decision

6. 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 in its current condition was £460 per calendar week.

7.The Tribunal directs the new rent of £460 per week to take effect on the 1 April 2024. This, being the date set out in the Landlord’s Notice of Increase and the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship.

3 8. It is often the case that market rents are in excess of those that are set by social landlords as a significant part of their remit is to provide affordable housing. As such, depending on the type of tenancy agreement their calculation of rent is either a percentage of market rent, or by way of an index. The Tribunal makes comparison with open market rents rather than limited to other properties which are offered by social providers. It is assumed the landlord in this case, will not seek to increase the rent proposed in its original notice as a result of this determination.,

Chairman: [NAME]: 13 August 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 subsequent application for permission to appeal should be made on Form RP PTA.