Tenant Secures Lower Rent After Adjustments for Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BJ/MNR/2023/0472

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]

[NAME] [NAME]

Landlord [NAME] C/O [APPELLANT], 13 [ADDRESS], [POSTCODE]

Tenant [NAME] [NAME]

1. The rent is: £ 1980 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 2023

*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 1 September 2022

6. Length of the term or rental period monthly

7. Allocation of liability for repairs S11-16 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord 1 sofa, 1 cabinet, 1 dining table with 4 chairs, 2 wardrobes, 2 chest of drawers, 2 bedside tables, 1 king size bed.

9. Description of premises 2 bed converted flat without central heating carpets or curtains

[NAME] of Decision 13 March 2024

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Case Reference

: LON/00BJ/MNR/2023/0472

Property : [ADDRESS], [POSTCODE]

Tenant

: [NAME] [NAME]

Landlord : [RESPONDENT] [NAME] of Objection : 11 November 2023

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

Tribunal

: [NAME] [NAME] of Summary Reasons

: 13 March 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1980 per calendar month with effect from 1 December 2023. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 13 October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 2200.00 in place of the existing rent of £ 1975.00 per month to take effect from 1 December 2023.

2. On 11 November 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. The Tenant’s referral was received by the Tribunal on 11 November 2023.

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 the Tenant and/the Landlord.

Determination and Valuation 5. 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 the condition and with the amenities the market would expect would be in the region of £2200.00 per calendar month. From this level of rent we have made adjustments in relation to: Lack of central heating, carpets and curtains.

6. The full valuation is shown below:

PCM AST Market rent 2,200.00 £ less condition/terms 10.0% 220.00 -£ 1,980.00 £

7. The Tribunal determines a rent of £1980.00 per calendar 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 £1980.00 per calendar month.

9. The Tribunal directs the new rent of £1980.00 to take effect on 1 December 2023 This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 13 March 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 subsequent application for permission to appeal should be made on Form RP PTA.