Rent Reduced for Tenant Due to Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – [NAME] Chamber File Ref No. LON/00AT/MNR/2025/0808

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 1 [ADDRESS] [POSTCODE]

Mr N [NAME]

Landlord [APPELLANT]

[APPELLANT] [NAME]

1. The rent is: £ 1,575 Per Cal. month

2. The date the decision takes effect is: 15 April 2025

*3. The amount included for services is Nil Per

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

5. Date assured tenancy commenced 15 January 2013

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord 3 wardrobes

9. Description of premises 2 level small purpose built semi-detached house in a street of similar 1930’s. Restricted parking on street, driveway, part converted single car garage detached. Accommodation: Two bedrooms, bath/ shower/ WC, living room, kitchen. Rear garden. Central Heating, double glazing. Single lap tiled hipped double pitched roof. Minor but longstanding and persistent disrepair to tiling, fittings, cabling, wall surfaces etc. The Landlord may charge a rent up to but, not in excess of the figure shown at box 1.

[NAME] of Decision 2 September 2025

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : LON/00AT/MNR/2025/0808 [NAME] : 1 [ADDRESS] [POSTCODE] Applicant: [redacted] : None Respondent : [redacted] Representative : None Type of Application : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] [NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 2 September 2025

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application dated 27 April 2025 from the [APPELLANT] of the [NAME], 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 1 April 2025, proposed a new rent of £1850 per calendar month with effect from and including 15 May 2025. The passing rent was said to be £1250 per calendar month from 15 April 2023.

2

3 The tenancy is an assured periodic monthly tenancy. A copy of the last tenancy agreement was provided. It ran from 15 January 2013.

4 Directions dated 7 July 2025 were issued and representations on the substantive issue of the new rent, invited. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.

5 The Tribunal carefully considered and noted such representations as it received from both parties and the location layout size and condition of the [NAME] and other available and let comparable properties nearby.

[NAME]

6 The [NAME] is small 2 level, two bedroom semi- detached house fom the 1930’s on an established residential estate of very similar dwellings. in Feltham. Accommodation is on two levels: First floor; 2 bedrooms, bathroom/wc; ground floor, living room, kitchen. There is a small front and side yard with parking space and single car garage to rear/ side (part converted including a WC). On road parking, is restricted.

7 The building has fair faced brick external walls and a steep double pitched hipped roof, finished to single lap concrete tiles roof over. (Google Streetview April 2019). The letting included 3 wardrobes and white goods and floor finishes.

8 The Tribunal assumes that [NAME] and furniture were let in fair to good condition. However the [APPELLANT] provided a long account of current and historic faults with the [NAME]. They provided some 50No. photographs of parts of the building. The photographs were mostly extreme close ups of apparent defects but, the location and context was sometimes unclear. These appeared to the Tribunal to include: cracked tiles and weak or missing seals to kitchen and bathroom fittings; damp mouldy and/or damaged plaster and/or decorative finishes to walls, ceilings; and curled or gapped, laminate flooring; defective heat control installations. There were issues with some of the white goods.

9 The [APPELLANT] provided brief details of 3 bedroom houses of similar age on offer nearby, for some £1800 - £1850 pcm, the argument being that this smaller house should be worth less than them.

10 The landlord assured the Tribunal that most if not all defects were repaired or due for same and that the [NAME] had been in a good let in condition and more recently when they had last been permitted by the [APPELLANT], to enter in 2022.

11 The landlord provided local opinions of asking rents of £2,000 to £2,100 pcm, as they sought instructions from the landlord, to take on the house to let. Such expressed views, in the experience of the Tribunal, tend to be a little optimistic compared to rents later achieved.

3

12 The Tribunal is grateful to both parties for their completed Reply Forms, details and pictures of building faults and records of works carried out recently and in the past.

Law

13 In accordance with the terms of S14 of the Housing Act 1988 we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a [NAME], 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 [NAME] falls to be valued as it stands; assuming it to be in reasonable internal decorative condition.

Decision

14 Based on the Tribunal’s own general knowledge of market rent levels in LB Hounslow determines that the subject [NAME] would let on a normal Assured Shorthold Tenancy (AST) terms, for £1750 per calendar month, fully fitted and in good order. However the [NAME] appeared to the Tribunal to have a long history of minor defects repair of which was often delayed and might reasonably be expected to persist or be replaced by new similar ones. The functional but basic nature of the bathroom and these defects justified a significant reduction by £175 down to £1525 pcm.

15 The new rent will therefore be £1,525 per calendar month with effect from 15 May 2025. The Landlord is not obliged to charge this sum and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation. They may not however, charge a rent in excess of it.

Name: N. [NAME]: 2 September 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] 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.

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