Rent Reduced Due to Property's Insulation Issues

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. FR/LON/OOBJ/MNR/2025/0600

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]

R [NAME]

Landlord [RESPONDENT] [APPELLANT] 75 [ADDRESS] [POSTCODE]

Tenant [NAME] [APPELLANT] [NAME] [APPELLANT]

1. The rent is: £ 2200.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 December 2024

*3. The amount included for services is/is

negligible/not applicable n/a Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced September 2021

6. Length of the term or rental period 12 months

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord Various in bedroom and living room

9. Description of premises 2 bedroom one living room maisonette in converted house, kitchen, bathroom double glazing and central heating

Chairman R Waterhouse Date of Decision 4 April 2025

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Case Reference

: FR/LON/OOBJ/MNR/2025/0600

Property : Top floor flat, 75 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] & [NAME]

Landlord : Mr [COUNSEL]

Landlord’s : Mr [COUNSEL] representative

Date of Objection : 10 November 2024

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

Tribunal

: R [NAME] of Full Reasons : 04 April 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £2200.00 per calendar month with effect from 1 December 2024. ____________________________________ *

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 Full REASONS

Background

1. On 4 October 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2300.00 per month in place of the existing rent of £1980.00 per month to take effect from 1 December 2024.

2. An application dated 10 November 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 10 November 2024.

3. Directions were issued on 13 January 2025, requesting the tenant to complete a reply form by 17 February 2025 the landlord to complete their reply form by 24 February 2025.

Inspection

3. The Tribunal did inspect the property. The flat is a first and second floor flat within a converted Victorian House. The property is accessed from the road by a set of steps to the ground floor communal entrance. There is a modern front door to the actual flat and beyond is a flight of carpeted stairs which goes to the front door. On the first floor there is a modern fitted kitchen the “white goods” are the landlords. Adjacent to the kitchen is a bathroom again in good condition. The last room, on the first floor is a living room, which is good sized, some furniture is supplied by the landlord. On the second floor there are rooms one used as an office and one a large double bedroom. The Landlord supplying some furniture including the bed and the wardrobes and bedside cabinets. There is double glazing throughout the property the wiring appears new and contains USB ports. The double glazing does not have trickle vents. There is no outside space. In terms of mould there was only a very small quantity found on the ceiling during the inspection.

Evidence

Applicants' submission

4. The Applicant submitted an email dated 28 February 2025 including;

• Rent agreement and negotiation

• Mould Issue

• Photo gallery of the Property which shows the temperature at 8.5 degrees in the bathroom and mould caused by condensation.

• Market evidence for properties in 1 mile radius from the subject flat showing to let and let agreed up to £2000.00 per month.

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5. The Respondent submitted to the tribunal a letter dated 11 March 2025 which the tribunal has considered.

Determination and Valuation

6. 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 £2300.00 per month excluding bills; electricity , gas, water and council tax which are liability of the tenant. The evidence submitted to the tribunal shows an insulation and ventilation issue causing a build-up of condensation. At the time of inspection this appears to be managed but from photographic evidence present in the winter months. The photographic evidence showed a reading of 8.5 degrees. The tribunal makes an adjustment of £100.00 per month to reflect this.

Decision

7. The Tribunal therefore determines the new rent of £2200.00 per month to take effect on 1 December 2024.

Chairman: R Waterhouse FRICS

Date: 4 April 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.