Tribunal Determines Fair Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/24UD/MNR/2024/0520

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 101 [ADDRESS] [POSTCODE]

[NAME] [NAME] [NAME] [RESPONDENT]

Landlord Ms [RESPONDENT] c/o [NAME], 23 [ADDRESS], [POSTCODE]

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

1. The rent is: £ 1400.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

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

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 2 June 2018

5. Length of the term or rental period Statutory Periodic Tenancy

6. Allocation of liability for repairs In accordance agreement

7. Furniture provided by landlord or superior landlord None

8. Description of premises A 1970’s built three bedroom semi detached house located in an established residential area. Accommodation comprises: three bedrooms, 2 reception rooms, kitchen, conservatory, cloakroom, bathroom, rear garden, garage with driveway.

[NAME] [NAME] of Decision 21 November 2024

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Case Reference

: HAV/29UB/MNR/2024/0520

Property : [ADDRESS], Bishopstoke, Eastleigh, Hampshire,

Tenant

: [NAME] and Mrs [APPELLANT] and [APPELLANT]

Landlord : Ms [RESPONDENT] of Objection : Undated

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

Tribunal

: [NAME] [NAME] [NAME] [NAME] [NAME] of Summary Reasons

: 22 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,400 per calendar month with effect from 2 October 2024. ____________________________________

© CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On the 29 August 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500 per month in place of the existing rent of £1,210 per month to take effect from 2 October 2024.

2. The Tenant’s application is undated and served 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. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence

4. The Tribunal has consideration of the written submissions provided by the parties and the selection of comparable evidence provided by the Landlord’s agent.

Determination and Valuation

5. Firstly, having consideration of the parties’ comparable evidence together with our own expert, general knowledge of rental values in the Eastleigh area, we consider that the open market rent for the property in its current condition would be £1,400 per month.

6. The Tribunal have not made an adjustment in relation to condition of the property based upon the evidence and the parties’ statements.

Decision

7. 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 governed by the relevant clause in the agreement was £1,400 per calendar month.

8. The Tribunal directs the new rent of £1,400 to take effect on the 2 October 2024. This being the date set out in the Landlord’s Notice of Increase The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship as no such evidence was provided.

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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.