Tribunal Adjusts Rent After Inspecting Property Condition

OUTCOME: Allowed

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Case Reference

: HS/LON/00AZ/MNR/2025/0765

Property : [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT] [NAME] & Mrs [NAME]

Landlord : [RESPONDENT] of Objection : 22 March 2025

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

Tribunal

: Mr [NAME] Mr [NAME] of Summary Reasons : 17 July 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1,050 per calendar month with effect from 20 April 2025. ____________________________________

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FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. The Landlord served a notice under Section 13(2) of the Housing Act 1988 dated 28 February 2025 which proposed a new rent of £1,150 per month in place of the existing rent of £1,050 per month to take effect from 20 April 2025.

2. On the 22 March 2025 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.

3. The parties did not request a hearing but the Tenant requested an inspection to determine this matter and the Tribunal agreed with this arrangement. Otherwise, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps.

Evidence

4. The Tribunal has received completed reply forms from the parties together with schedules of comparable evidence from the Landlord.

The Inspection

5. The Tribunal inspected the property on the 17 July 2025 in the presence of the Tenant. Briefly, the property is a first floor flat located over commercial premises located on a busy road. Accommodation comprises: one bedroom, living room, bathroom. There are basic electric storage heaters and the windows are double glazed.

6. Access to the property is via a torturous rear entrance. The area is completely scattered with rubbish, old mattresses and could present a potential hazard in the dark with limited lighting. In addition, adjacent the entrance door is a large stainless steel extractor fan from the KFC shop premises which is very noisy and provides odours. These matters are considered below.

Determination and Valuation

7. Having consideration of the comparable evidence provided by the Landlord and our own expert, general knowledge of rental values in the Catford area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £1,300 per month.

8. The Tribunal has considered carefully the party’s submissions and issues raised during the inspection. Using its own expertise, we consider a deduction of £250 per month should be applied to take into account no white goods provided by the Landlord and the access arrangements which would affect

3 future marketability and must be reflected in the rental valuation. This reduces the rental figure to £1,050 per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based on capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant.

Decision

9. 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 in its current condition was £1,050 per calendar month.

10. The Tribunal directs the rent of £1,050 to take effect on the 20 April 2025. This being the date of the Tribunal’s decision.

Chairman: [NAME]: 17 July 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.

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AZ/MNR/2025/0765

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] [POSTCODE]

[NAME] Mr [RESPONDENT] [NAME]

Landlord [RESPONDENT] 106 [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT] [NAME] & Mrs [NAME]

1. The rent is: £ 1050 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 20 April 2025

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 19 November 2021

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 first-floor flat forming part of a three-storey building with retail premises on the ground floor. Accommodation comprises living room, Bedroom Bathroom/WC..

[NAME] of Decision 17 July 2025