Tenant Secures Reduced Rent Due to Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BB/MNR/2024/0166

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 87B [ADDRESS] , [POSTCODE]

[NAME] [NAME]

Landlord [RESPONDENT] 165 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1150.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1st April 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 1 October 2020

6. Length of the term or rental period n/k

7. Allocation of liability for repairs Landlord

8. Furniture provided by landlord or superior landlord One bed one sofa

9. Description of premises First Floor one bedroom flat with a living room, kitchen and bathroom with use of shared garden

[NAME] of Decision 1 November 2024

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Case Reference

: HS/LON/OOPB/MNR/2024/0166

Property : 87B [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [APPELLANT] [RESPONDENT] of Objection : 18 March 2024

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

Tribunal

: [NAME] [NAME] of Summary Reasons

: 1 November 2024

© CROWN COPYRIGHT 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1150.00 per calendar month with effect from 1 April 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 28 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1600.00 per month in place of the existing rent of £750.00 per month to take effect from 1 April 2024.

2. An application dated 18 March 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 18 March 2024.

Inspection 3. The Tribunal did inspect the property. The property is a first floor flat within a two-storey house. The flat is accessed through a communal front door which serves the separate ground floor flat and the first floor flat. There is a small area of communal hallway which has laminated flooring which is in poor condition. Beyond the front door for the first-floor flat is a staircase which goes up to a landing. The carpet on the landing and stairs is in poor condition, The balustrade around the top of the stairs is broken. The flat has old double glazing possibility aluminium framed. Off the landing is a kitchen which is a good size of a one-bedroom flat it has at the time of inspection a new gas oven and hob. The kitchen units are in poor condition the kitchen has old vinyl flooring and there is an extractor fan. The kitchen has an external door which leads to an external balcony / landing which leads to the garden. The balcony/ landing and stairs are in poor condition. The garden is shared with the ground floor flat. The flat has central heating to all rooms. The bedroom has a broken window. The living room which faces the road is used as a living room/ office.

Evidence 4. The Tribunal has considered the written submissions, oral submissions made at the hearing, provided by the parties, and the tribunal has had the benefit of an inspection. The tribunal only took into account written material that had been shared between both parties. The Landlord did not attend the tenant did attend the hearing.

Determination and Valuation 5. Having consideration of the views of the parties and any 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 £1600.00 per calendar month , if the property was in good tenantable condition. The tenant is responsible for separate utilities bills.

Decision 6. The Tribunal notes the property is not in a condition that would be anticipated for a contemporary market, and so makes a deduction of £450 per

3 month from £1600 to reach a rent for the flat in its current condition of £1150 per month.

7. No application was made to change the effective date of the rent of the increase in rent from that proposed by the landlord.

8. The Tribunal therefore determines the new rent of £1150 per month to take effect on 1 April 2024.

Chairman: [NAME]: 1 November 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.