Tenant Wins Reduced Rent Due to Property Defects

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BB/MNR/2024/0689

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 57 [ADDRESS] [POSTCODE]

Mr [RESPONDENT] Ms [RESPONDENT]

Landlord Dr [RESPONDENT] [NAME] [RESPONDENT] c/o [NAME] 4a [ADDRESS] [POSTCODE]

Tenant [APPELLANT] & [APPELLANT] [NAME]

1. The rent is: £ 1615 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 15 November 2024

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 15 October 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 mid terrace Victorian house. Accommodation comprises: two bedrooms, living room, kitchen, bathroom/wc, lean-to storage area, rear garden with large shed.

Chairman Duncan Jagger MRICS Date of Decision 11 April 2025

1

Case Reference

: LON/OOBB/MNR/2024/0689

Property : 57 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : Dr [RESPONDENT] c/o [NAME] of Objection : 27 October 2024

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

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

: 11 April 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,615 per calendar Month with effect from 15 November 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background

1. On the 15 October 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,100 per month in place of the existing rent of £1,550 per month to take effect from 15 November 2024.

2. The Tenants application is dated the 27 October 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 Tenants together with photographs, schedule of condition, the tenancy agreement and a detail of comparable properties which ranged up to £1,850 per month.. The Landlord did not provide any written evidence.

The Inspection

5. The Tribunal members inspected the property on the 11 April 2025 in the presence of the tenants and their family. The property is a Victorian mid- terrace house located in an established road with small rear garden. On the ground floor is a living room, kitchen and lean-to utility area. The first floor comprises two bedrooms and a bathroom/wc. The property is suffering from previous damp and associated mould to bathroom wall. The cause of this damp appears to have been the defective flat roof covering which has been repaired.

Determination and Valuation

6. Firstly, having consideration of our expert, general knowledge of rental values in the Plaistow 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 £1,900 per month.

7. The Tribunal now needs to adjust this rent to allow for the damp and mould to the bathroom wall, dated kitchen and sanitary fittings, misting to window units, uneven flooring in the kitchen and damaged laminate flooring. Using its own expertise the Tribunal considers that a deduction of £285 (approximately 15%) should be applied. This reduces the rental figure to £1,615 per month.

3

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 £1,615 per calendar month.

8. The Tribunal directs the new rent of £1,615 per month to take effect on the 15 November 2024. This being the date set out in the Landlord’s Notice of Increase.

Chairman: Duncan Jagger MRICS Date: 11 April 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.