Tenant Wins Rent Adjustment Due to Property Issues

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AK/MNR/2024/0140

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]

Judge O’[NAME], Tribunal Member Flynn MRICS

Landlord [COMPANY] trading as [COMPANY], [ADDRESS],, [POSTCODE]

Tenant [APPELLANT]

1. The rent is: £ 348.50 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 April 2024

*3. The amount included for services is/is

not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 27 February 2024

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Landlord

8. Furniture provided by landlord or superior landlord Cooker, washing machine

9. Description of premises 3-bedroom 1 bathroom terraced house with garden

[NAME] of Decision 18 July 2024

Case Reference

: LON/00AK/MNR/2024/0140

Property : 8 [ADDRESS] [POSTCODE]

Tenant

: Mrs [APPELLANT] [NAME]

Landlord : [RESPONDENT] of Objection : 14 March 2024

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

Tribunal

: Judge N O’[NAME]

: Tribunal Member A Flynn FRICS Date of Summary Reasons

: 18 July 2024

_______________________________________________ DECISION The Tribunal determines a rent of £348.50 per week with effect from 1 April 2024 ____________________________________

© CROWN COPYRIGHT 2023

SUMMARY REASONS

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Background 1. On 1 March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £488.95 per week in place of the existing rent of £368.22 per week to take effect from 1 April 2024.

2. On 14 March 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 14 March 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 considered the written submissions provided by the Tenant. They include comparable properties for rent in the same area and evidence that the property suffers from dampness and mould affecting the kitchen and bathroom. There were no written submissions or any evidence submitted by the Respondent.

Determination and Valuation 5. Having considered the comparable evidence provided by the applicant 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 £410 per week. From this level of rent we have made adjustments in relation to the dampness and mould present in the kitchen and bathroom.

6. The full valuation is shown below:

Market Rent

£410 per week

Less Damp affecting kitchen (7.5%)

£ 30.75 Damp affecting bathroom (7.5%)

£30.75

£348.50

7. The Tribunal determines a rent of £348.50 per week and this equates to £1510.17 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 £348.50 per week.

9. The Tribunal directs the new rent of £348.50 to take effect on 1 April 2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: Judge O’[NAME]: 18 July 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.