Rent Determination for Assured Tenancy: What You Need to Know

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AL/MNR/2024/0105

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 13 [ADDRESS], [POSTCODE]

[NAME] [NAME] JP

Landlord [RESPONDENT] 9 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £ £1575.0 0 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 25 October 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 1 June 2017

6. Length of the term or rental period 6 months

7. Allocation of liability for repairs Landlord

8. Furniture provided by landlord or superior landlord n/a

9. Description of premises Four room flat, comprising two rooms used as bedrooms , one as a living room , an additional small room, plus a bathroom and a kitchen

[NAME] of Decision 25 October 2024

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Case Reference

: LON/OOAL/MNR/2024/0105

Property : 13 [ADDRESS] [POSTCODE]

Tenant

: Ms [APPELLANT]

Landlord : Mr [APPELLANT] of Objection : 9 April 2024

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

Tribunal

: [NAME] [NAME] JP

Date of Summary Reasons

: 25 October 2024

© CROWN COPYRIGHT 2023

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DECISION

The Tribunal determines a rent of £1575.00 per calendar month with effect from 25 October 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 2 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1700.00 per month in place of the existing rent of £ 1400.00 per month to take effect from 1 March 2024.

2. An application dated 9 March 2024 was 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 9 April 2024.

Inspection 3. The Tribunal did inspect the property. The property is located on the second floor and is accessed only by stairs, there is no lift. Flat comprising 4 rooms, one used as a living room, two bedrooms and a fourth small room, in addition there is a kitchen and a bathroom. The property has double glazing and heating, and hot water is provided by an electric boiler. The kitchen is understood from the landlord in the hearing to have been refurbished in 2023. The flat has laminate flooring in the hallway.

Evidence 4. The Tribunal has considered the written submissions, oral submissions at the hearing, provided by the parties, and the tribunal has had the benefit of an inspection.

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 £1575.00 to per calendar month. The property has two reasonable bedrooms and has the benefit of storage in the hallway but also a third small room. The tribunal considered this to add to the value of the flat but not to the extent it could be directly compared with three-bedroom units. The tribunal noted that the landlord had refurbished the property in 2022/23 and also noted that the flat had some wear and tear but was in good tenantable repair.

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 was £1575.00 per calendar month.

7. The Tenant made an application for the effective date of the rent to be later than that contained in the Notice of the rent Increase by the Landlord. The Tenant noted in their submission that they were the sole earner within the household, and that they were paying off arrears from the previous increase. On this basis the Tribunal determines that the criteria for hardship have been

3 met. The Tribunal determines the effective date of the rent should be the date of the hearing.

8. The Tribunal therefore determines the new rent of £1575.00 per month to take effect on 25 October 2024.

Chairman: [NAME]: 25 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.