Tribunal Adjusts Rent to £1450 After Considering Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/OOAS/MNR/2024/0687

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 [ADDRESS] [POSTCODE]

[NAME] J [RESPONDENT]

Landlord [NAME] & [NAME]

Tenant [APPELLANT] & [APPELLANT]

1. The rent is: £ £1450 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 20 November 2024

*3. The amount included for services is/is

negligible/not applicable n/a Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 30 December 2020

6. Length of the term or rental period 24 months

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord n/a

9. Description of premises Grd floor flat one living room, one double bedroom with ensuite sink and one single bedroom, kitchen, bathroom, electric heating, and outside not allocated off road parking

[NAME] of Decision 27 February 2025

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Case Reference

: TR/LON/OOAS/MNR/2024/0687

Property : 105 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] & [NAME]

[APPELLANT]

Landlord : [RESPONDENT] & P [NAME] of Objection : 15 October 2024

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

Tribunal

: [NAME] Ms [NAME] of Full Reasons : 27 February 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1450 per calendar month with effect from 30 November 2024. ____________________________________

Full REASONS

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 Background

1. On 7 October 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1650.00 per month in place of the existing rent of £1175.00 per month to take effect from 30 November 2024.

2. An application dated 15 October 2024 was 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. The Tenant’s referral was received by the Tribunal on 18 October 2024.

Inspection

3. The Tribunal did inspect the property. The Tribunal found a ground floor flat, comprising a living room, two bedrooms, kitchen, with toilet and bathroom. The Landlord attended the inspection but did not enter the property. The tribunal was shown around the property by the tenants. The property has double glazing and electric storage heaters wired in to the circuit these were present in the living room and the two bedrooms. The electric storage heaters were supplemented by the tenants own plug-in heater. The living room has laminate floor some wallpaper was missing from the lower sections of some of the walls. Off the living room there is a built in cupboard, used as a shoe rack. The kitchen was fitted but dated and tired, the cooker was the landlords but the fridge/ freezer and washing machine were the tenants. The main bedroom contained a double bed and off the room was a smaller room with a sink, this room was used for storage. The second bedroom had space for a single bed only. There was evidence of some mould in places but modest in nature. The property is within a block of flats outside there is grass surrounding the block. Across the road is a small park. There was unallocated parking outside.

Evidence

4. The Tribunal has considered the written submissions, provided by the parties, and the tribunal has had the benefit of an inspection. The Tribunal only took into account written material that had been shared between both parties.

Directions were issued dated 23 December 2024.

The Tenant’s submissions

5. A copy of the tenancy agreement dated 30 December 2020 for 24 months from 30 December 2020 at £1175 per month.

A completed Reply Form noting a request for an inspection but not a hearing.

Detail of the property which is a two-bedroom ground floor flat, with a living room bathroom WC and kitchen. The form also noted a cooker was present and that there was off road parking.

The Form notes that there is one shoe rack.

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The Tenant describes the issue of mould in the property and the impact it has had on their two children. The mould is said to be in “both rooms” and the toilet.

The Tenant assets the boiler has not worked since the start of the tenancy and the heating is by their own electric heater.

Within the Reply Form under disrepair the tenant noted;

The following carried out by the landlord; Window lock keys Kitchen floor – uneven Shower holder repair

The following not carried out by the landlord Mould both rooms and WC Heating in poor condition No painting since December 2020 Hot water low pressure in kitchen and difficult to use in the wintertime The sink is leaking

An email dated 21 January 2025 containing 10 photographs.

The Landlords Submission

A copy of a letter from [NAME] undated noting an inspection of the property on the 22 December and a further inspection on 9 February.

A copy of a letter from [COMPANY], estate agents, dated 10 January 2025 suggesting a rental value of the property of between £1550 to £1650 per month.

A Reply dated 11 January 2025, the contents of which the tribunal notes, but it included; that the landlord is “[RESPONDENT]”, that there has been no increase for 4 years, and that the amount proposed was determined after detailed investigations by the landlord.

A completed Reply Form, describing the property has having no central heating, but double glazing supplied by the landlord, laminate flooring supplied by the landlord, and a cooker supplied by the landlord and also there is off road parking.

Determination and Valuation

7. Having consideration of the views of the parties and any comparable evidence provided 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 £1550.00 per month, if the property was in good tenantable condition.

Decision

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8. The Tribunal considers the property departs from the contemporary tenantable condition because of the tired and dated nature of some of the fittings. The Tribunal would discount the rental bid by £100 per month to reflect this giving a rent of £1450 per month.

9. There is no application for hardship and so the effective date of the rent is that shown on the Notice which is 30 November 2024.

8. The Tribunal therefore determines the new rent of £1450.00 per month to take effect on 30 November 2024.

Chairman: [NAME]: 27 February 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.