Tribunal Adjusts Market Rent Based on Property Condition

OUTCOME: Allowed

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Case Reference

: BIR/41UC/MDT/2024/0600

Property : [ADDRESS] upon Trent [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [NAME] (Mr [RESPONDENT])

Landlord’s agents : [NAME] of application : 4 October 2024

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

Tribunal Members : V Ward [NAME] B.Sc.(Est.Man.)FRICS

N Wint FRICS

Date of Summary Reasons

: 20/01/2025

_______________________________________________

DECISION

The Tribunal determines a rent of £785.00 per calendar month with effect from 7 October 2024. ____________________________________

S E C FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION

Background

1. On 5 September 2024 the Landlord served a notice under Section 13(2) of the

Housing Act 1988 which proposed a new rent of £790.00 per calendar month

(pcm) in place of the existing rent of £400.00 pcm to take effect from 7 October

2024.

2. By an application dated 4 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.

Inspection

3. Tribunal did not inspect the property but considered this case on the basis of

the papers provided by the parties and having regard to its own knowledge,

expertise and online resources.

Evidence

4. The Tribunal has consideration of the written submissions provided by the

Landlord. There were no written submissions from the Tenant.

5. From the information provided and available, the subject property appears to

comprise an end terraced 3-bedroom terraced house with off road parking

which benefits from central heating and double glazing.

6. The Landlord provided a letter from [NAME] which

indicated a marketing rental of £825.00 to £850.00 pcm.

7. The Tenant did not complete a reply form but noted in their application

form that they were unable to use one of the bedrooms due to damp and further

that they have replaced some fence panels.

Determination and Valuation

8. Having considered the 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 £825.00 per calendar month. From this level of rent we have made

adjustments in relation to:

a) Dampness of third bedroom. b) Replacement of fence panels by Tenant.

3

9. The full valuation is shown below:

per month Market Rent

£825.00

Less a) Items given under a) above

£20.00

b) Items given under b) above

£20.00 £40.00

£785.00

Decision

10. 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 £785.00 per calendar month.

11. The Tribunal directs the new rent of £785.00 pcm to take effect on 7 October

2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: V Ward

Date: 6 January 2025

APPEAL PROVISIONS

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 statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

4 First-tier Tribunal – Property Chamber File Ref No. BIR/00GG/MNR/2024/0622

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 [ADDRESS] on Trent [POSTCODE]

V Ward [NAME] B.Sc.(Est.Man.)FRICS N Wint FRICS

Landlord [NAME]/Mr [APPELLANT]

Tenant [NAME]

1. The rent is: £785.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 7 October 2024

3. The amount included for services is not applicable

Per

4. Date assured tenancy commenced 7 April 2008 5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord and Tenant Act 1985

7. Furniture provided by landlord or superior landlord

8. Description of premises End terraced house with 3 bedrooms

Chairman V Ward Date of Decision 6 January 2025