Rent Reduced Due to Mould Issues in Assured Tenancy Case

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AJ/MNR/2024/0004

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 15 [ADDRESS], [POSTCODE]

[NAME] Mr [RESPONDENT]

[RESPONDENT] 3 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] & Ms [APPELLANT] [NAME]

1. The rent is: £ 372.00 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 23 May 2024

*3. The amount included for services is not applicable 0.00 Per

*4. Service charges are variable and are not included N/A

5. Date assured tenancy commenced 1 January 2023

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Landlord. Tenant to take reasonable care of interior

8. Furniture provided by landlord or superior landlord None

9. Description of premises A 2-bedroom purpose built flat in a municipal block probably dating from around 1920. 2 double bedrooms, living room, kitchen, bathroom/ WC, gas central heating , double glazing

[NAME] of Decision 9 June 2024

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Case Reference

: TR/LON/00AJ/MNR/2024/0004

Property : 15 [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT] and Ms [APPELLANT] [NAME]

Landlord : [RESPONDENT] of Objection : 4 December 2023

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

Tribunal

: Mr [NAME]

Mr [NAME] of Summary Reasons

: 9 June 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £372 per week with effect from 23 May 2024 ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 SUMMARY REASONS

Background 1. On 7 November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 415.38 in place of the existing rent of £ 334.62 per week to take effect from 1 January 2024.

2. On 4 December 2023 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.

Inspection 3. The Tribunal has carried out an inspection of the property on 23 May 2024.

Evidence 4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. Having consideration of the comparable evidence provided 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 condition would be in the region of £1,700 per calendar month which is equivalent to £392.34 per week. From this level of rent we have made adjustments in relation to:

Mould in the main bedroom, bathroom and loose ceiling roses

6. The full valuation is shown below:

per week Market Rent

£392

Less Mould to internal wall in main bedroom, bathroom and loose ceiling roses

) approx. 5 %

£20

£372

7. The Tribunal therefore determines a rent of £372 per week.

Decision 8. 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 £372 per week.

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9. The Tribunal directs the new rent of 372 per week to take effect on 23 May 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 9 June 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 subsequent application for permission to appeal should be made on Form RP PTA.