Tenant Entitled to Adjusted Rent After Property Condition Consideration

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BC/MNR/2024/0280

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 19 [ADDRESS], [POSTCODE]

Mrs S Phillips

Landlord [NAME] J & A [RESPONDENT] c/o [COMPANY], [ADDRESS], [POSTCODE]

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

1. The rent is: £ 1,852.50 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 27 April 2024

*3. The amount included for services is/is

negligible/not applicable - Per -

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 27 April 2017

6. Length of the term or rental period Annual

7. Allocation of liability for repairs As per the agreement

8. Furniture provided by landlord or superior landlord 2 beds, 1 large sofa, 2 small sofas, 1 dining table with 4 chairs, 4 small bed-side cabinets, 1 glass coffee table and 1 small side table.

9. Description of premises Two bedroom second floor apartment based in a purpose built block of flats being approximately 15 years old.

Chairman Mrs S Phillips MRICS Date of Decision 19 September 2024

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Case Reference

: LON/00BC/MNR/2024/0280

Property : 19 [ADDRESS] [POSTCODE]

Tenant

: [NAME] [APPELLANT] [NAME] & [NAME] [APPELLANT]

Landlord : [NAME] [RESPONDENT] & A [RESPONDENT] c/o [COMPANY] of Objection : 26 April 2024

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

Tribunal

: Mrs [NAME] of Summary Reasons

: 19 September 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,852.50 per week with effect from 27 April 2024 ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 SUMMARY REASONS

Background 1. On 13 March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,950 per month in place of the existing rent of £1,800 per month to take effect from 27 April 2024.

2. On 26 April 2024 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 26 April 2024.

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence 4. The Tribunal has consideration of the written submissions provided by both the Tenant and the Landlord.

Determination and Valuation 5. Having consideration of the evidence submitted by the parties and 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 £1,950 per month. From this level of rent we have made adjustments as shown in the valuation below.

6. The full valuation is shown below:

per week Market Rent

£1,950

Less Mould in the bedroom and general items of disrepair ) 5%

£97.50

£1,852.50

7. The Tribunal determines a rent of £1,852.50 per month.

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 £1,852.50 per week.

9. The Tribunal directs the new rent of £1,852.50 to take effect on 27 April 2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: Mrs S Phillips MRICS

Date: 19 September 2024

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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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.