Tribunal Adjusts Rent After Considering Property Conditions

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AH/MNR/2024/0660

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination or Section 22 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were 6 [ADDRESS] [POSTCODE]

Mrs S Phillips MRICS, Valuer Chair

Landlord [RESPONDENT] [ADDRESS] [POSTCODE]

[NAME]

1. The rent is: £ 1,900 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 22 September 2024

*3. The amount included for services is/is

negligible/not applicable - Per -

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 22 January 2018

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As per the terms of the tenancy

8. Furniture provided by landlord or superior landlord None stated

9. Description of premises Semi-detached three-bedroom house with a living room, dining room, kitchen and bathroom including a rear garden.

Chairman Mrs S Phillips MRICS Date of Decision 21 February 2025

1

Case Reference

: LON/00AH/MNR/2024/0660

Property : 6 [ADDRESS], [POSTCODE]

Tenant

: [NAME]

Landlord : [APPELLANT] of Objection : 15 September 2024

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

Tribunal Member : Mrs S Phillips MRICS, Valuer Chair

Date of Summary Reasons

: 21 February 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,900 per calendar month with effect from 22 September 2024. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 SUMMARY REASONS

Background

1. On 4 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,200 in place of the existing rent of £1,600 [insert amount] per month to take effect from 22 September 2024.

2. On 15 September 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 18 September 2024.

Inspection

3. The Tribunal did not inspect the property but considered this case based on the papers provided by the parties.

Evidence

4. There were no written submissions from the parties other than the Applicant’s original application.

Determination and Valuation

5. Having consideration 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 £2,100 per calendar month. From this level of rent we have made adjustments in relation to mould issues within the bedrooms and repairs in relation to the water pressure.

6. The full valuation is shown below:

per calendar month Market Rent

£2,100

Less Mould issues

) 5% Water pressure repairs

) 5%

210

£1,890

Say £1,900

7. The Tribunal determines a rent of £1,900 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 £1,900 per calendar month.

3

9. The Tribunal directs the new rent of £1,900 to take effect on 22 September 2024 this being the date as set out in the Landlord’s Notice of Increase.

Chairman: Mrs S Phillips MRICS Date: 21 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.