Tribunal Adjusts Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – [NAME] Chamber File Ref No. HS/LON/00AT/MNR/2024/0083

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 42 [ADDRESS] , [POSTCODE]

Judge Ian Mohabir Mrs Alison Flynn MA [RESPONDENT] 72-74 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT] [NAME]

1. The rent is: £ 1,650 Per Cal month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 21st April 2024

*3. The amount included for services is

not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 21 Oct 2019

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs S 11 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord White goods

9. Description of premises Self contained flat comprising two rooms, kitchen and bathroom in purpose-built block

Chairman Tribunal Judge Ian Mohabir Date of Decision 4 July2024

Case Reference

: LON/00AT/MNR/2024/0083

[NAME] : [ADDRESS], [APPELLANT], TW8

8QW

Tenant

: Ms [APPELLANT]

Landlord : [RESPONDENT] of Objection : 18 January 2024

Type of Application : Determination of a Market Rent

sections 13 & 14 of the Housing Act

1988

Tribunal

: Tribunal Judge Ian Mohair

Alison Flynn, MA, MRICS

Date of Decision : 30 June 2024

Date of Extended Reasons

: 4 July 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,650 per calendar month with effect from 21 April 2024. ____________________________________

© CROWN COPYRIGHT 2024

FIRST - TIER TRIBUNAL [NAME] CHAMBER ([NAME])

EXTENDED REASONS

Background

1. On 5 February 2024 the landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,800 per month in place of the existing rent of £1750 per month to take effect from 21 April 2024

2. By application dated 16 February 2024 made 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.

Hearing and Evidence

3. A short remote video hearing was held 27 June 2024, attended by the tenant in person with a supporting friend and also by the landlord’s solicitor’s agent, Mr [COUNSEL], and Senior [NAME] Manager, Ms [APPELLANT].

4. The tenant was unhappy at the increase to £1,750 from £1,550 per calendar month, which she said was the highest of anywhere in the neighbourhood. She cited evidence about the Local Housing Allowance and said two-bedroom apartments were let in the area at £1,700 per calendar month. She also referred to her [NAME]’s flat, which she said was “brand new” with the same layout where the rent had been increased from £1,200 to £1,400 per month.

5. Mr [NAME] was unable to respond to points about the [NAME]’s rent. He referred to attached rentals for 1-bedroom flats at £1,900 and two bedroom ones averaging round £2,700 per calendar month. He also referred to a log of repairs, which had been carried out at the [NAME]. He also referred to the tenancy agreement, which allows the landlord to charge for utilities (in this case under section 1.1B) of the agreement for heating and hot water of £20 per week) The tenant said this had been included in the rent. However, no charges had been referred to in the notice of increase.

Inspection

6. The Tribunal inspected the [NAME] on the same day. The tenant’s [NAME] helpfully assisted by also providing access to her flat for inspection.

7. The [NAME] is part of the [NAME] and Brentford Dock Marina development on which development had begun in the 1970s. The [NAME] is part of a purpose built block on ground and three upper storeys. There is lift access. The approach to the flat is by a wide walkway. The [NAME] comprises two rooms, a kitchen and a

bathroom. The flooring is woodblock and some of the blocks are dislodged or uneven. Some of the doors in the kitchen units are faulty and the taps are insecure. Some of the radiators are defective. The flat has full central heating and UPVC windows. The [NAME]’s flat was of the same era as the subject [NAME] but had been more recently refurbished and was in better condition.

Determination and Valuation

8. Having considered the comparable evidence provided by both parties and the Tribunal’s own expert knowledge of rental values in the area, the Tribunal considered that the open market rent for the [NAME] in good tenantable condition would be in the region of £1,750 per calendar month. Although the evidence of the [NAME] was helpful, the evidence of all rentals was considered as well. From this level of rent the Tribunal made adjustments in relation to the general repair of the [NAME].

9. The full valuation is shown below:

Market Rent

£1,750 per calendar month

Less

General landlord’s repair obligation: 5%

Total deductions 5%

Net rent

£1,662.50, but say £1,650

per calendar month

10. The Tribunal determines a rent of £1,650 per calendar month.

Decision

11. The Tribunal, therefore, determined that the rent at which the subject [NAME] might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy was £1,650 per calendar month.

12. The Tribunal directed the new rent of £1,650 per calendar month to take effect on 21 April 2024, as advised in the notice of increase.

APPEAL PROVISIONS

These extended 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, any application for permission to appeal should be made on Form RP PTA.