Tribunal Determines Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BG/MNR/2023/0210

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], Cityview point, [POSTCODE]

[NAME]

Landlord [NAME] 1 2 Berry St, London, ECV1 0AU

Tenant [APPELLANT] & [APPELLANT]

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: 28th May 2023

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 28th February 2022

6. Length of the term or rental period 12 Months

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord One bed.

9. Description of premises A purpose built second floor flat forming part of a six, eleven storey block comprising 2 bedrooms, kitchen, living. room, bathroom/wc

[NAME] of Decision 31st October 2023

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Case Reference

: LON/OOBG/MNR/2023/0210

Property : [ADDRESS], Cityview Point, Poplar, London E14 OLL

Tenant

: [APPELLANT] & [APPELLANT]

Landlord : [COMPANY] of Objection : 26th April 2023

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

Tribunal

: Mr [NAME] of Summary Reasons

: 31st October 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £1,900 per calendar month with effect from 28th May 2023. ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On the 12th April the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,950 per month in place of the existing rent of £1,550 per month to take effect from 25th May 2023.

2. On the 26th April 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 the 28th April 2023

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 tenant. There were no written submissions from the landlord.

Determination and Valuation 5. Having consideration our own expert, general knowledge of rental values in the Poplar area, we consider that the open market rent for the property in its current condition would be £1,900 per month. From this level of rent we have made no adjustments in relation to condition.

6. 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.

9. The Tribunal directs the new rent of £1,900 to take effect on the 28th May 2023. This being the date set out in the Landlord’s Notice of Increase and the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 31 October 2023

APPEAL PROVISIONS

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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.