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AllowedFirst-tier Tribunal (Property Chamber)·

Rent Reduced Due to Mould Issues in Assured Tenancy Case

Case No.

📌 In brief

In this case, the Tribunal reduced the proposed rent because of mould issues found in the property. The new rent of £372 per week started on 23 May 2024.

⚖️ Legal holding

A tenant is entitled to a rent adjustment if there are significant property defects.

Topics

tenancy disputesrent adjustments

Provisions

📖 What the law says

Housing Act 1988 s.14

Under the Housing Act 1988, section 14 allows a tenant under an assured tenancy to apply to a tribunal to challenge the rent payable under the tenancy. The tribunal will then determine the rent based on what a willing landlord might reasonably expect to receive for letting the property in the open market.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The Tribunal adjusted the proposed rent due to mould issues in the property.

📜 Headnote Official document

The Tribunal reduced the proposed rent due to mould issues in the property. The decision took effect on 23 May 2024.

📚 Full judgment Official document

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

1

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.

3

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.

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The tenant is entitled to a fair market rent for their assured periodic tenancy.
  • The tenant is entitled to a fair market rent adjusted for the condition of the property.
  • The tenant is entitled to a rent adjustment due to property defects.
  • The tenant is entitled to a fair adjustment of the proposed rent based on the property's condition and market conditions.
  • The tenant is entitled to a rent adjustment if the property is in poor condition.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The Tribunal decided to reduce the proposed rent due to mould issues in the property.

Who was involved?

The case involved a tenant and a landlord.

How did the court decide, and why?

The court decided to adjust the rent downwards because of significant mould issues affecting the property's habitability.

Which laws or rules were applied?

The Housing Act 1988, specifically section 14, was applied.

What was the argument that mattered most?

The argument that mattered most was the presence of significant mould issues in the property.

Was the decision for or against the person who brought the case?

The decision was for the tenant who brought the case.

What does this mean for someone in a similar situation?

Someone in a similar situation may also be able to get their rent adjusted if there are significant property defects.

What evidence or documents mattered?

Evidence of the mould issues in the property was crucial.

Can a decision like this be appealed?

Yes, decisions like this can be appealed, but the process and grounds for appeal vary.

Is it worth getting a solicitor for a case like this?

It is always recommended to seek advice from a qualified solicitor for such cases.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.