Tribunal Reduces Rent Due to Property Condition Issues

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BE/MNR/2025/0875

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 16 [ADDRESS] [POSTCODE]

[NAME] J Francis QPM

Landlord [COMPANY] n/k

Tenant [APPELLANT]

1. The rent is: £ 6300.00 Per quarter (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 29 June 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 November 2023

6. Length of the term or rental period periodic

7. Allocation of liability for repairs landlord

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

9. Description of premises 6-bedroom, one kitchen, one bathroom, maisonette, no central heating, with garden in period property

[NAME] of Decision 18 November 2025

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Case Reference

: LON/00BE/MNR/2025/0875

Property : 16 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] supported by

[APPELLANT]

Landlord : [COMPANY] represented by [COMPANY].

Date of Objection : 27 June 2025

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

Tribunal

: [NAME] J Francis QPM

Date of Full Reasons : 18 November 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £6300.00 per quarter to be paid from 29 June 2025 under the Housing Act 1988 section 13. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Full REASONS

Background

1. On 20 March 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £9000.00 per quarter in place of the existing rent of £2479.00 per quarter to take effect from 29 June 2025.

2. An application dated 27 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 in November 2023 as an assured tenancy succeeded from an earlier regulated tenancy from 1 August 1958.

4. Directions were issued to the parties on 18 September 2025; the issue was determined following the hearing and subsequent inspection.

Inspection

5. The Tribunal did inspect the property after the hearing. The property is a maisonette within a terraced house comprising a kitchen, sitting room, dining room, toilet and bathroom and 6 bedrooms and garden.

6. The inspection found as at date of inspection the property, was contained within a terrace of period properties. The whole terrace had recently been painted white. The property overlooks the Imperial War Museum. The property is a maisonette over three floors there is a basement flat below that is not part of the subject tenancy.

7. The property has recently had works carried out by the landlord, these from the inspection comprise the exterior painting, the replacement of a number of lintels above windows, repairs to brickwork and flashings to rear extension. There are fresh plaster markings to carpets on the upper floors where plaster work has been made good.

8. The subject property is accessed through its own private door into a hallway. Off the hallway is a front room, the front room has very dated wallpaper and minimal electrical sockets. Across from this room, is a further room which is in the same condition other than there is evidence of damp on the ceiling. At the rear of the property on the raised ground is a kitchen, the kitchen is functional but dated. The garden which is exclusive to the tenants is accessed from the ground floor. Continuing up the stairs the first floor is reached. There are two

3 rooms at the front and two rooms at the rear. These are in the same dated condition as the ground floor. On the landing between the first and second floors, is the bathroom for the house. Continuing up the stairs the second floor contains a further 4 rooms. Several of the rooms on the top floor exhibits considerable damp on the ceiling resulting from water penetration from the roof area. There is no central heating, all the windows are single glazed other than a set of double-glazed windows in the front room.

Determination

9. Present at the inspection were the [NAME] Ms [APPELLANT] accompanied by her brother Mr. [APPELLANT].

Preliminary Matters

10. The Landlord informed the tribunal that they were not intending on appearing in the tribunal. The tribunal is content that the landlord received copies of documents and notification of the hearing. The tribunal is content under Rule 34 of the Tribunal procedure regulations to undertake the hearing with the applicant only.

[NAME]

11. The [NAME] provided several documents to the tribunal including; an application Rents 1 “Apply for a determination of a market rent”, a copy of the Landlord’s Notice proposing a new rent under an assured Periodic Tenancy of premises situated in England”, and a copy of a previous Application for a fair rent indicating the original tenancy commenced on 1 August 1958.

12. The application included a schedule detailing works said to be required to the property by the landlord.

13. At the hearing the applicant asserted that the condition of the property as of today is the same condition as that when the Notice of Increase was due to come into effect which is 29 June 2025. Other than the works carried out by the landlord post 29 June 2025; painted externally, balcony repair, window lintels replaced and the roof repaired. Additionally, it was stated that no tenants' improvements had taken place since the succession of the tenancy in November 2023.

Respondent Landlord

14. Landlord supplied by email 15 October 2025, a number of extracts of marketing details from right move. These included a 4-bedroom flat at £3499pcm in [ADDRESS], [ADDRESS] to let. An agreed let of a property that had been asking £ 4,000pcm, comprising 4 bedrooms and two bathrooms, in [ADDRESS]. A four bedroom, 3 bathrooms flat, agreed let showing an asking figure of £ 4500pcm, [ADDRESS]11.

4 15.The tribunal also received from the Landlord a completed Reply Form, detailing the accommodation as follows; raised ground floor – living room one, living room two, kitchen. On the first-floor bedroom one and bedroom two and bedroom five/study and bathroom. On the second-floor bedroom three and bedroom four, bedroom six. Outside there is a garden.

16. The reply form noted there is central heating but not who installed. With double glazing it is noted by the landlord this is installed by the tenant. Carpets and curtains are recorded as present but not who provided. With white goods these are noted as provided by the tenant.

17. The landlord noted in the reply form, that in 2022 a replacement bathroom, replacement kitchen, new hot water pressurised system was installed and a new cold-water supply to the bathroom.

18. The landlord also notes disrepairs including windows, external doors, which are being attended too. Additionally, some roofing and external pointing issues are being addressed.

19. The landlord submitted a written representation which included reference to three comparables and a valuation.

The valuation is as follows;

Valuation of fully modernised flat £4250 per month Deductions White goods, curtains, blinds, floor coverings, decorating minor repair £425.00 No gas central heating £425.00 Unfurnished £200.00

Adjusted rent calculated £3200.00 pcm equivalent to £9600 per quarter.

Analysis and Valuation

What is the condition of the property at the effective date of the Notice of Increase?

20. The tribunal first made a finding of the condition of the property as at the effective date of the notice, The property at this date has no central heating, but does have electric immersion heater. With the exception of one window they were all single glazed. There were significant roof leaks impacting the top floor rooms. Externally the property would not have been freshly painted. The decor is from around 1960s or earlier, there are minimal electrical sockets. The kitchen was that in place at the date of succession and so forms part of the landlord's property. The white goods are the tenants.

21. The tribunal has had recourse to the comparables supplied to the tribunal by the landlord and the rental view of the tenant. The tribunal determines that a

5 rent of £4200 per month would be appropriate if the property were to be let in a good tenantable condition to contemporary standards and modern landlord responsibilities.

22. However, the property has a number of issues that detract from this condition.

Issue Tribunal allowance No central heating 10% Single glazed 10% Leaky roof, not painted outside and balcony in disrepair 12.5% Tenants' responsibility for internal painting, carpets and curtains 10% Supply of white goods by tenant 2.5% Only one bathroom for a property of this size. 5% Total 50%

23. The Notice of Increase dated 20 March 2025 proposes an increase to £9000.00 per quarter from 29 June 2025.

24. The tribunal applies a 50% discount to the property rental value reflecting tenancy terms and condition.

25. The tribunal in consideration of these submissions and using its own expertise determines £4200 per month if the property was in good tenantable order. The tribunal then applies the allowances identified above. Applying a discount of 50% gives £2100 per month, or equivalent to £6300 per quarter.

26. The tribunal determines a rent of £ 6300 per quarter.

Undue Hardship 27. The tenant has not made an application under this ground. Decision 28. The Tribunal determines £6300.00 per quarter from 29 June 2025 in accordance with section 13 of the Housing Act 1988 Chairman: [NAME]: 18 November 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:

6 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.