Tribunal Determines Reduced Rent Due to Property Issues

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AQ/MNR/2025/0884

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 1 [ADDRESS] [POSTCODE]

[NAME] [NAME]

Landlord [NAME] 37 [ADDRESS] [POSTCODE]

Tenant [NAME] [APPELLANT] [NAME] [APPELLANT] [NAME]

1. The rent is: £ 1950.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 July 2025

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1 December 2017

6. Length of the term or rental period Until 7 December 2020

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord Some furniture provided 2 beds and a sofa

9. Description of premises 2 bedroom terraced house with garden

[NAME] of Decision 4 December 2025

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Case Reference

: LON/00AQ/MNR/2025/0884

Property : 1 [ADDRESS]

[POSTCODE]

Tenant

: [APPELLANT] [NAME] : [APPELLANT] : [RESPONDENT] : [RESPONDENT]

Landlord : [RESPONDENT] and [RESPONDENT] of Objection : 26 June 2025

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

Tribunal

: [NAME] [NAME] of Full Reasons : 4 December 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1950.00 per month to be paid from 1 July 2025 under the Housing Act 1988 section 13. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Full REASONS

Preliminary

A. On the 14 November the tribunal inspected the property. B. The tenants were present during the inspection but due to issues of timing by the tribunal the landlord was not present. C. The tribunal took no evidence from the tenants. D. The landlord had wanted to be present at the inspection. E. The tribunal rescheduled the inspection for the 4 December 2025. F. Both parties were present at the subsequent inspection, no evidence was taken at the inspection from the parties, and the tribunal made its determination on the papers after the inspection, on the papers that had been before the inspection.

Background

1. On 30 May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2150 per month in place of the existing rent of £1950.00 per month to take effect from 1 July 2025.

2. An application dated 26 June 2025 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.

3. The application was accompanied by the Notice of Increase of Rent and, a copy of the tenancy agreement which was initially commenced on 1 December 2017 until reverting to a periodic tenancy from 7 December 2020.

4. Directions were issued to the parties on 21 August 2025; the issue was determined on the papers without hearing but with inspection.

Inspection

5. The Tribunal did inspect the property. The property is an end of terrace house built around the 1990s. The property has a small front garden, and it is accessed by path to a front door. The property has central heating by gas boiler and double glazing throughout. Beyond the front door is a kitchen immediately to the left, The white goods, that is oven, washing machine and refrigerator, in the kitchen are the landlords. The general condition of the kitchen is functional but tired. There is an extended living room on the ground floor, with laminate flooring. The extended part of the living room has sky lights. The living room opens to a garden with a shed at the rear, The living room radiator to the right of the doors to the garden has a minor leak. The first floor has a bathroom, which is functional but tired there is an opening window but no extractor fan. There are

3 two bedrooms upstairs which contain double beds. The front room has a double bed and fitted wardrobes. The carpet in this bedroom has burn marks on it. The ceiling above the wardrobe shows sign of a leak from above and mould can be seen. The second rear bedroom is smaller. Both rooms have electrical sockets. There is a rear garden with a shed that extends the full width of the garden.

Determination

6. Present at the inspection were the applicant tenants and the respondent landlord

Preliminary Matters

7. The tribunal wrote to the landlord by email dated 29 September 2025, asking for completion of Form Order 1 to request a late submission. The form dated 1 October 2025 sought to introduce further evidence and a further application dated 3 October 2025 sought further directions. The tribunal has accepted the late submission for consideration.

Submissions

Applicant Tenant

8. The Applicant tenant provided several documents to the tribunal including; an application for a rent assessment, a completed Rents 1 form, a copy of the tenancy agreement and a section 13 Notice of increase of Rent. The Application form dated 26 June 2025 noted, that the landlord was responsible for repairs. The property comprised two bedrooms, one bathroom, one kitchen, and one living room with an extension. The property came furnished with two beds and a sofa. There is also a garden.

9. Previous Section 13 Notices had shown the rent changing from £1350 to £1750 per month on 1 January 2023, £1750 to £1950 per month on 1 May 2024, and the current proposed £1950 to £2150 per month on 1 July 2025.

10. The tenant submitted a letter to the tribunal undated that set out a number of issues with the property as they saw it ; bathroom switch which was reported but later fixed by the tenants, a pest infestation which was reported to the landlord which the tenants resolved, issues with the boiler , other repairs unspecified which the tenants had resolved themselves.

10. The completed Rent Reply Form, noting the tenants would like an inspection but not a hearing. The form notes the dimensions of the property and that it has central heating, double glazing, carpets and curtains, and white goods supplied by the landlord. There is off street parking.

11. A number of faults have been asserted which the tribunal has noted.

12. The marketing details of a two-bedroom house, in [ADDRESS], said by the tenants to be similar asking rent £1900 per month. A 3-bedroom property in [NAME] priced at £2100 per month. Two further said to be available at £1885 with links but without addresses.

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Respondent Landlord

13 Landlord supplied a number of documents including; Reply Form, Photo Brochure of the subject property, nearby similar properties, a rental valuation of the subject property from nearby agent and a rental valuation from a hosing association agent.

14.The tribunal notes the photo brochure of the subject property, and other comparables. The rental valuation by [NAME] at £2200 per month is noted, as is the rental valuation by [NAME] [NAME] of £2100 per month. Reply Form notes the accommodation, notes central heating, double glazing and white goods supplied by the tenants, and notes that the carpets and curtains are supplied by both parties.

Analysis and Valuation

15. The Notice of Increase dated 30 May 2025 proposes an increase to £2150.00 per month from 1 July 2025.

16. The tribunal has read the submissions in respect of rental level from both the applicant and the respondent.

17. The tribunal in consideration of these submissions and using its own expertise determines £2100.00 per month if it was in good tenantable condition.

19. However, the tribunal has heard and saw on inspection, that the flat exhibits several issues and for these the tribunal deducts £150.00 per month. The tribunal determines a rent of £1950.00 per month.

Undue Hardship 20. The tenant has not made an application under this ground. Decision 21. The Tribunal determines £1950.00 per month from 1 July 2025 in accordance with section 13 of the Housing Act 1988 Chairman: [NAME]: 4 December 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:

5 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.