Rent Determination for Studio Flat in Gipsy Hill

OUTCOME: Allowed

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AY/MNR/2024/0256 Property : [ADDRESS] [POSTCODE] Applicant: [redacted] : None Respondent : [redacted] Representative : None Type of Application : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 3 September 20243

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application dated 10 April 2024 from the [APPELLANT] of the Property, regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 14 March 2024, proposed a new rent of £1146.86 per calendar month, with effect from and including 16 May 2024. The passing rent was said to be £800 per calendar month.

2 3 The tenancy is an assured shorthold periodic monthly tenancy. A copy of the last tenancy agreement was provided.

4 Directions were issued 8 July 2024. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.

5 The Tribunal received an initial application. The Tribunal sent out its standard Reply Form to both landlord and [APPELLANT].

6 The Tribunal carefully considered and noted such representations as it received from both parties regarding the location layout size and condition of the Property and other available and let comparable properties in the location.

Property

7 The Property appears to be a studio flat of some 20m2 or it might also be considered as an ‘ensuite room’, set within a larger shared house. The building appeared to the Tribunal to be a former house converted into smaller units, of which the Property was one.

8 The [APPELLANT] referred to a kitchenette within the room and the use of a shared kitchen, the latter supposedly between 2 tenants but could otherwise be used by many more tenants. No furniture in the Proeprty was let by the [APPELLANT] with it.

9 It is assumed that the flat was let with curtains, carpets or other floor finishes and basic white goods, but there was no record it was provided later by the landlord. The specification of the shared kitchen was unknown.

10 The Tribunal had regard to Google Streetview in [ADDRESS] (data capture August 2022).

11 The [APPELLANT] helpfully provided details of some 5 similar studio/ ensuite rooms, located within a short distance of the Property, either to let or recently let at or around the valuation date.

Law

12 In accordance with the terms of S14 of the Housing Act 1988 we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to [APPELLANT]’s improvements and any decrease in value due to the [APPELLANT]’s failure to comply with any terms of the tenancy. Thus the Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition.

3 Decision

13 Based on the Tribunal’s own general knowledge of market rent levels in and [ADDRESS], Lambeth, it determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £850 per calendar month, fully fitted and in good order. The market rent is therefore determined at £850 pcm.

14 The new rent will take effect from and including 16 May 2024, the effective start date given in the landlord’s Notice. As the Form of Determination dated 3 September 2024 states: The Landlord is not obliged but, may charge a rent up to but, not in excess of, the figure shown at box 1; £850 pcm.

Name: [NAME]. [NAME]: 3 September 2024

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.

Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013).

If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the tribunal refuses to [NAME] permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).

4

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AY/MNR/2024/0256

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 [APPELLANT]. [APPELLANT] [NAME]

1. The rent is: £ 850 Per pcm

2. The date the decision takes effect is: 16 May 2024

*3. The amount included for services is negligible nil Per Calendar month

*4. Service charges are variable and are not included n/a

5. Date assured tenancy commenced 16 September 2019

6. Length of the term or rental period Calendar monthly periodic

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord None

9. Description of premises Purpose Built 2 level House c.1970 on a larger residential estate, later sub-divided into rooms/ studio flats with shared kitchen facilities. Property is unfurnished c.20m2 GIA with ensuite bath/shower WC room. Assumed basic kitchen, basic shower/bathroom. The Landlord is not obliged but may charge a rent up to but, not in excess of the figure shown at box 1.

[NAME] of Decision 3 September 2024