Rent Determination for Assured Tenancy - First-tier Tribunal Decision

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BC/MNR/2024/0334

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] JP

Landlord [RESPONDENT] 19 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1220 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 27 June 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 28 June 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 Bed, two person sofa, small desk, two desk chairs

9. Description of premises One studio room with bathroom and kitchenette

[NAME] of Decision 4 November 2024

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Case Reference

: LON/OOBC/MNR/2024/0334

Property : [ADDRESS], [POSTCODE].

Tenant

: [APPELLANT]

Landlord : [ADDRESS]. [RESPONDENT] ([RESPONDENT])

Date of Objection : 12 May 2024

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

Tribunal

: [NAME] [NAME] JP Determination following remote

video hearing and inspection

Date of Summary Reasons

: 4 November 2024

© CROWN COPYRIGHT 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1220.00 per calendar month with effect from 27 June 2024 ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 11 May 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1220.00 per month in place of the existing rent of £ 1100.00 per month to take effect from 27 June 2024.

2. On 12 May 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 12 May 2024.

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence 4. For the Respondent, [RESPONDENT] of letting, and [RESPONDENT] Manager attended the remote video hearing. The Applicant did not attend. The Tribunal has considered the written submissions and submissions received through the remote video hearing.

The property was described by the Respondent as a studio flat with its own bathroom and kitchenette.

During the hearing [NAME] stated that within the block around 20 units had their rents renewed to £1220 per month within the block. These increases occurred between June 2024 to October 2024. Outside the block, a further letting of a similar property was noted, in [ADDRESS] by the Respondent was £1400 per month.

The Applicant raised in their submissions several concerns, including assertions of criminal drug taking in the area, and failure of the landlords in their provision of service. The assertions by the applicant in their submissions were put to the Respondents by the tribunal. The Respondents indicated they did not recognise these concerns and had no record of these specific issues.

Determination and Valuation 5. 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 £1200.00 per calendar month.

The property was recently built and there was no evidence of an adjustment required.

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Decision 7. 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 £1220.00 per calendar month.

8. The Tribunal directs the new rent of £1220.00 to take effect on 27 June 2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 4 November 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.