Tribunal Reduces Proposed Rent Due to Property Disrepair

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/OOAD/MNR/2024/0604

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 102 [ADDRESS], [POSTCODE]

[NAME]

Landlord [APPELLANT]

Tenant Miss [APPELLANT] and [NAME] [APPELLANT]

1. The rent is: £ 1305 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18 September 2024

*3. The amount included for services is

not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 17 February 2022

6. Length of the term or rental period To 17 February 2024 (inclusive)

7. Allocation of liability for repairs landlord

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

9. Description of premises Ground floor

[NAME] of Decision 3 December 2024

MR22

Case Reference

: LON/OOAD/MNR/2024/0604

Property : 102 [ADDRESS], [POSTCODE]

Tenant

: Miss [APPELLANT] & [NAME] [APPELLANT] [NAME]

Landlord : [NAME] of Objection : 6 August 2024

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

Tribunal

: [NAME] of Summary Reasons

: 03 December 2024

© CROWN COPYRIGHT 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1305 per calendar month with effect from 18 September 2024. ____________________________________

SUMMARY REASONS

Background S E C FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

MR22 1. On 22 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1500 per month in place of the existing rent of £1225 per month to take effect from 18 September 2024.

2. An application dated 6 August 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 6 August 2024.

Inspection 3. The Tribunal did not inspect the property. The Tribunal relied on the papers submitted and identified the property as ground floor flat with a living room, a kitchen, one master bedroom, one children's bedroom, bathroom and entrance corridor.

Evidence 4. The Tribunal has considered the written submissions provided by the parties.

Determination and Valuation 5. Having consideration of the evidence proved 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 £1450 per calendar month.

Decision 6. The Tribunal considered what discount was applicable, if any, to take account of any repairs that rendered the property below good tenantable condition. The property is not centrally heated and has from the evidence of the Applicants some disrepair issues and the tribunal applies a discount of 10%. The tribunal therefore determined a rent of £1305 per month.

7. No application was made for hardship and so the effective date of the increase is date specified in the Landlords Notice with is 18 September 2024.

8. The Tribunal therefore determines the new rent of £1305 per month to take effect on 18 September 2024.

Chairman: [NAME]:

3 December 2024

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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.

MR22