Tribunal Reduces Proposed Rent Increase for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/00ML/MNR/2025/0636

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] [POSTCODE]

[NAME] [NAME] Judge Percival

Landlord [NAME] c/o [NAME], 169 [ADDRESS], [POSTCODE]

Tenant Mrs [APPELLANT]

1. The rent is: £ 650.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 11 March 2025

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

4. Date assured tenancy commenced January 2009 by succession

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord

8. Description of premises One bedroom basement flat

[NAME] of Decision 7 May 2025

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00ML/MNR/2025/0636 Property : [ADDRESS] [POSTCODE] Applicant Tenant : Ms [COUNSEL] :

None

Respondent Landlord :

Mr [COUNSEL] : [NAME] of Application :

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

Tribunal Members : [NAME] [NAME] Judge R Percival Date of Application : 17th February 2025 Date of Decision : 7th May 2025

DECISION

The Tribunal determines a rent of £650 per calendar month with effect from 11th March 2025.

SUMMARY REASONS

HAV/00ML/MNR/2025/0636

Background 1. On 27th January 2025 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,250 per month in place of the existing rent of £625 per month to take effect from 11th March 2025.

2. On 17th February 2025 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 based on the papers provided by the parties and information freely available on the internet. Evidence

4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord. Determination and Valuation 5. Having given consideration to the comparable evidence provided by the parties and of its own expert general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenantable condition would be £1,100 per calendar month.

6. Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.

7. In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for lack of central heating/ poor EPC rating, Tenants’ provision of carpets, curtains, kitchen and bathroom fittings and internal decoration.

8. The full valuation is shown below: Full open market rent in good condition £1,100 Less deductions for:- Tenants’ provision of white goods

£30 Lack of central heating/poor EPC

£100

Tenant’s internal decoration

£50 Tenant’s carpets and curtains

£50 Tenant’s kitchen fittings

£110 Tenant’s bathroom fittings

£75 General condition

£35

HAV/00ML/MNR/2025/0636

TOTAL RENT PAYABLE PER MONTH

£650

9. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £650 per month.

10. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship.

11.

Accordingly, the Tribunal directed that the new rent of £650 per month should take effect from 11th March 2025, this being the date specified in the notice.

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.