Tenant Wins Rent Reduction Due to Minor Disrepair Issues

OUTCOME: Allowed

FIRST-TIER TRIBUNAL

[NAME] CHAMBER ([NAME])

Case Reference : CAM/00MG/MNR/2025/0657

[NAME] : 44 Maida Vale, Monkston,

Milton Keynes, [POSTCODE]

Applicant: [redacted]

Respondent : [redacted]

Representative : None

Type of Application : S.13 Housing Act 1988 Determination of a new rent

Tribunal Members : Mr [NAME]. [NAME] and venue of Meeting : 27 May 2025

First Tier Tribunal (Eastern)

[ADDRESS] [POSTCODE]

Date of Decision : 27 May 2025

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application, before the effective start date of the new rent sought, from tenants of the [NAME], regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 19 February 2025, proposed a new rent of £1150 per calendar month exclusive, with effect from and including 5 April 2025. This rent does not include other services.

3 The tenancy is an assured periodic calendar monthly tenancy with effect from and including 5 August 2017. A copy was provided.

4 The rent payable from up to and including 3 April 2025 was said to be £1100 per calendar month. No furniture or services were included. The landlord provided white goods. The let included carpets and curtains.

Directions

5 Directions, dated 1 April 2025 for the progression of the case, were issued by Legal [NAME]. Neither party asked for a hearing.

Inspection

6 There was no inspection. The [NAME] is a two bedroom, two bathroom flat with living room, kitchen. It is on the second floor of a small low rise block dating from the 2000’s. There are communal gardens (Google Streetview July 2018). The front elevation is of brick walls, part rendered, double pitched, hipped covered in a mix of slates and double lap tiles on differing pitches. It has full gas fired central heating and double glazing.

7 The [APPELLANT] has provided access at various times since the tenancy start to contractors for the landlord to work on internal parts of the [NAME]. It is set within a relatively newly established residential area in the town.

Tenants’ and Landlord’s Representations

8 The tenants provided written submissions via the Application Form, and the completed standard Reply Form. The [APPELLANT] referred to the various works that had taken the landlord quite a while to complete to the [NAME] and to common parts around it and that some works to common areas were still be completed.

9 The landlord maintained that they had carried out works on request but that often there were complications. There were currently some persistent failings to external lighting and waste and recycling bins storage areas. Both parties provided several monochrome photographs, some of long standing minor original but also developing defects to the [NAME] and to internal and external communal areas. For example the front door bell for the flat, at ground floor, was still defective. There was no separate service charge.

10 The [APPELLANT] referred to other very similar properties nearby still being empty and not easily let in the block, one apparently still being available at £1100 pcm. The landlord referred to letting details for very similar flats; some 2 bedroom, 2 bathroom; others 2 bedroom, 1 bathroom. The former it maintained had been let for £1300 pcm, the latter for £1200 pcm. The Tribunal is grateful for such information as was provided by both parties in the application and standard Reply Forms.

Law

11 In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the [NAME] might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to [APPELLANT]’s improvements and any decrease in value due to the [APPELLANT]’s failure to comply with any terms of the tenancy. Thus the [NAME] falls to be valued as it stands; but assuming that the [NAME] to be in a reasonable internal decorative condition.

Decision

12 From the Tribunal’s own general knowledge of market rent levels in Milton Keynes it determines that the subject [NAME] would let on normal Assured Shorthold Tenancy (AST) terms, for £1150 per calendar month, fully fitted and in good order.

13 From the representations; it found however that the [NAME] had suffered from some persistent if minor basic disrepair both to the flat itself and to communal areas which the landlord had only gradually addressed over the years. The situation appeared to the Tribunal to show every likelihood of continuing through one defect or another in the coming year. Although some of the issues were now past events they indicate that similar issues may reasonably be expected to arise in the next rental period with the same outcome to the modest disadvantage of the [APPELLANT]. For these anticipated minor shortcomings the Tribunal makes a small deduction of £50 pcm. The new rent will be therefore be £1100 pcm with effect from the date shown in the landlord’s initial notice.

14 Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure.

[NAME] 27 May 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.

Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rule 2013).

If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the [NAME], and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).