Rent Reduced Due to Landlord Neglect and Needed Improvements

OUTCOME: Allowed

MR22 Rent Assessment Panel File Ref No. MAN/00CZ/MNR/2023/0448 Notice of the Rent Assessment Committee Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination) Housing Act 1988 Section 14 Address of Premises The Committee members were 2 [ADDRESS], [POSTCODE] [NAME] (Judge) [NAME] (Valuer) Landlord [COMPANY] 139 [ADDRESS], [POSTCODE] Tenant [NAME]

1. The rent is: £575 Per Cal. month (excluding water rates and council tax but including any amounts in paras 3&4)

2. The date the decision takes effect is: 19 December 2023 *3. The amount included for services is/is negligible/not applicable Not applicable Per *4. Service charges are variable and are not included 5. Date assured tenancy commenced 19 July 2014 6. Length of the term or rental period Cal. month 7. Allocation of liability for repairs Landlord as per section 11 LTA 1985 8. Furniture provided by landlord or superior landlord None 9. Description of premises The property is an a 49sq meter, semi-detached property with a small garden. Downstairs is a kitchen/living/dining room and upstairs are two single bedrooms and bathroom. Internal decorations are fair and electrics and plumbing are reasonable. Bathroom and kitchen were both dated and the property lacks modern amenities. Landlord’s neglect included a dangerous decking area to the front of the property, which had a hole in it. [NAME] of Decision 20 March 2024

FIRST - TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case Reference : MAN/00CZ/MNR/2023/0448 Property : 2 [ADDRESS], [POSTCODE] Applicants : [redacted] : Respondent : [redacted] Section 13(4) Housing Act 1988 Tribunal Members : : [NAME] (Judge); Mrs J [NAME] (Valuer) Date of Decision : 20 March 2024 (amended) _______________________________________________

REASONS ____________________________________ 1. The Landlord has asked for a statement of reasons for the Tribunal’s decision and as a result the Tribunal has identified an error in the decision notice which should have read £525 in place of £575. This error can be amended under the slip rule in rule 50 of the Tribunal Procedure (First-tier Tribunal)([NAME]) Rules 2013 and an amended Decision Notice is attached.

2. By an undated application acknowledged on the 18 December 2023 by the [NAME], the Applicant, an assured shorthold statutory periodic tenant of 2 [ADDRESS], [POSTCODE], referred a notice of increase of rent to the Tribunal under sections 13 and 14 of the Housing Act 1988.

3. The section 13 notice, in Form 4, dated 27 October 2023, included in the papers, sought to increase the rent from the existing £475.00 per calendar month to a new rent of £750 per calendar month from the 18 November 2023.

4. Neither party asked for an oral hearing, but the Tribunal had the opportunity of inspecting the property on the 15 March 2023 in the company of the tenant. The Relevant Law 5. In accordance with section 14 of the Housing Act 1988 the Tribunal had to determine the rent that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy— (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c )the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d)in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates. (2)In making a determination under this section, there shall be disregarded— (a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement— (i)was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii)was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific

improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c)any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy. Our Findings of Fact and Assessment of the Application 6. The property was at the relevant time, let on an assured periodic monthly tenancy which and the start of the period is 19 January 2015. The property had been let from the 19 July 2014 to the 18 January 2015 on a fixed term contract and no further written contract had been entered in to. The contractually agreed rent was £410 at that time payable monthly in advance on the 19th day of the month.

7. The property is in a residential area of West Yorkshire known as Heckmondwike a village on the outskirts of Dewsbury. A supermarket, local shopping and recreation facilities are nearby, and the property is on a good bus route to Dewsbury as well as further afield. The property has the benefit of a small garden to the front with a wooden patio which was in a dilapidated and dangerous condition as a result of landlord neglect. The property is only approximately 49m². Downstairs is one space which comprises of a living room, kitchen and dining room and upstairs are two single bedrooms and a bathroom. The tenant has access to the basement, but this does not comprise usable space and at the time of the inspection entry to the basement was blocked. Generally, the property lacked modern day amenities in that the kitchen was poorly provided and dated and the bathroom was cramped and dated. Decoratively the property was in fair to reasonable condition albeit the property has not been decorated since the tenant moved in. There is no tenant neglect.

8. Neither party asked for a hearing or provided any comparable properties and therefore the Tribunal utilised it own expertise in arriving at a decision.

9. In the Tribunal’s view a property of this size in this area in good condition would attract a rent of £575 per calendar month. From this we have taken £25 per calendar month to reflect landlord neglect in the form of the broken and dangerous wooden patio area. We have also taken off £25 to reflect the necessary improvements at the property – a refurbished, and modern-day kitchen and bathroom is a necessary improvement to bring the property up to letting standard. The total value of the deductions is therefore £50.

10. The new rent is payable from the date of increase as set out in the notice of increase under section 13 of the 1988 Act. That is the date the increase takes effect by law.

11. If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on a point of law only. 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 (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) ([NAME]) Rule 2013) stating the grounds upon which it is intended to rely in the appeal. Signed……… ………..[NAME] Tribunal Judge Date: 19 April 2024