Tenant Wins Reduced Rent Due to Damp and Mould Issues

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AK/MNR/2024/0614

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 8 [ADDRESS] [POSTCODE]

[NAME] Mr [RESPONDENT] [NAME]

Landlord [RESPONDENT] [COMPANY] 78 [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1,870 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 24 August 2024

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 24 February 2022

6. Length of the term or rental period Monthly Assured Periodic Tenancy

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A Victorian two storey mid terrace house. Accommodation comprises: three bedrooms, 2 living rooms, kitchen, lean-to utility room, ground floor bathroom/WC, rear garden.

[NAME] of Decision 3 February 2025

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Case Reference

: LON/OOAK/MNR/2024/0614

Property : 8 [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [APPELLANT] of Objection : 12 August 2024

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

Tribunal Members : Mr [NAME] Mr [NAME] of Summary Reasons

: 3 February 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,870 per calendar Month with effect from 24 August 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background

1. On the 23 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,193.97 per month in place of the existing rent of £1,894.79 per month to take effect from 24 August 2024.

2. The Tenants application is dated the 12 August 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.

Evidence

4. The Tribunal has consideration of the written submissions provided by the Tenant together with photographs, the tenancy agreement and three short videos. The Landlord did not provide any written evidence.

The Inspection

5. The Tribunal members inspected the property on the 3 February 2025 in the presence of the tenant and his family. The property is a Victorian mid- terrace three-bedroom house located in an established road with rear garden. The property is suffering from chronic damp and associated mould to most rooms. The Tenant has recently completed redecoration of the rooms, but already the damp staining is reappearing. The level of mould in the photographic evidence could certainly be considered a health hazard. It is a microscopic fungus that grows in damp places and can cause respiratory illness. The cause of the damp and mould is usually a mixture of the tenants lifestyle and defects to the fabric of the building such as blocked gutters, rising damp to the brickwork and damaged flat roof.

Determination and Valuation

6. Firstly, having consideration of our expert, general knowledge of rental values in the Edmonton area, The Tribunal considers that the open market rent for the property if it were in good marketable condition with reasonably modern kitchen and bathroom, modern services, carpets and curtains and white goods supplied by the landlord would be £2,2o0 per month.

7. The Tribunal now needs to adjust this rent to allow for the damp and mould to the internal walls, dated fittings and dilapidated flat roof over the ground floor bathroom. Using its own expertise the Tribunal considers that a deduction of £330 (approximately 15%) should be applied. This reduces the rental figure to £1,870 per month.

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Decision

8. The Tribunal therefore determines 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 in its current condition is £1,870 per calendar month.

8. The Tribunal directs the new rent of £1,870 per month to take effect on the 24 August 2024. This being the date set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 3 February 2025

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.