Rent Determination for Assured Tenancy Set by First-tier Tribunal

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AH/MNR/2024/0608

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 24 [ADDRESS] [POSTCODE]

[NAME] Mr. [RESPONDENT]. [RESPONDENT]

Landlord Mr. [RESPONDENT] 24 [ADDRESS], [POSTCODE]

Tenant Mr. [APPELLANT]

1. The rent is: £ £720 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 25 August 2024

3. The amount included for services is not applicable N/A Per N/A

5. Date assured tenancy commenced 25 January 2020

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs s.11, Landlord and Tenant Act, 1985

8. Furniture provided by landlord or superior landlord Part furnished – including double bed, wardrobe and chair, floor and window coverings.

9. Description of premises A large double room situated on the first floor of a terraced house with access to a communal kitchen and bathrooms.

[NAME] of Decision 17 January 2025

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Case Reference

: LON/00AH/MNR/2024/0608

Property : 24 [ADDRESS], [POSTCODE]

Tenants

: [RESPONDENT]

Landlord : [RESPONDENT] of Objection : 12th August 2024

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

Tribunal

: Mr. [NAME]

Mr. [NAME] of Summary Reasons

: 17th January 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £720 per calendar month with effect from 25th August 2024. ____________________________________

© CROWN COPYRIGHT 2025

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On 20 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per calendar month in place of the existing rent of £630 per calendar month to take effect from 25 August 2024.

2. On 10 August 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 August 2024.

3. Directions were issued on 3 October 2024 by the Tribunal.

4. The parties were invited to submit any relevant information and submissions. The tenant and the landlord each submitted a reply form and additional evidence to support their respective case.

5. In their reply form, the tenant had indicated that they wished a hearing be held in this matter. Accordingly, a face-to-face hearing was held in this matter on 7 January 2025 at 10 [ADDRESS], [POSTCODE].

6. In their reply form the tenant also requested that the property be inspected. Accordingly, the property was inspected by the Tribunal on 7 January 2027.

Evidence

7. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation

8. 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 £800 per calendar month. From this level of rent we have made adjustments in relation to:

The current condition of the property including dated internal decorative finishings, fixtures, fittings and floor coverings.

9. The valuation is shown below:

3

per calendar month Market Rent

£800

Less Dated internal decoration, fixtures, fittings and floor coverings

Approx.10 %

£80

£720

7. The Tribunal determines a rent of £720 per calendar month.

Decision

8. The Tribunal determined that the rent at which the subject property might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy was £720 per calendar month.

9. The Tribunal directs the new rent of £720 to take effect on 25 August 2024. Whilst the tenant stated in the hearing that a rent commencement date in August may would cause him financial hardship, the Tribunal were not convinced given the lack of evidence submitted by the tenant in relation to their financial situation.

Chairman: [NAME]: 17 January 2025

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.