Tribunal reduces rent due to property's poor condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/OOAE/MNR/2025/1035

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section22 Determination)

Housing Act 1988 Section 22

Address of Premises The Tribunal members were [ADDRESS] [POSTCODE]

[NAME] C [APPELLANT] [NAME]

Landlord [APPELLANT] [NAME]

Tenant [APPELLANT] [NAME]

1. The rent is: £ 100.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 5 November 2025

*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 2012

6. Length of the term or rental period Assured shorthold

7. Allocation of liability for repairs Landlord

8. Furniture provided by landlord or superior landlord

9. Description of premises Studio room with small kitchen and small WC Shower CH

[NAME] of Decision 26 Febrauary 2026

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Case Reference

: LON/OOAE/MNR/2025/1035

Property : Room 2, 1076 (A) [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] of Objection : 31 December 2025

Type of Application : Section 70, Rent Act 1977

Tribunal

: [NAME] C [NAME] [NAME] 0f Decision : 26 February 2026

_______________________________________________

DECISION

The Tribunal determines a rent of £100 per calendar month to be paid from 5 November 2025 date under the Housing Act 1988 section 13. ____________________________________

© CROWN COPYRIGHT 2026

Full REASONS

Background FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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1. A Notice dated 30 September 2025 was served by the Landlord under section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1436.00 per calendar month in place of the existing rent of £925.00 per calendar month to take effect from 5 November 2025.

2. An application dated 3 November 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 5 November 2012 at a rent of £693 per month for 6 months.

4. Directions were issued to the parties on 17 December 2025.

Preliminary Matters

5.The Tribunal started late to await the arrival of the landlord.

Inspection

6.The Tribunal did inspect the property after the hearing of the morning. The property is located on the [ADDRESS].

7. At the start of the inspection the tenant attempted to film the inspection. The tenant was informed that this was not permitted.

8. The buildings along that stretch of road are predominately retail on the ground floor with storage, residential or office above. The property is located on the first floor, above a commercial premises. The property is accessed from a door which also serves the other users of the above ground level users. The communal door opens to a communal hall which is in poor decorative order.

9. The fire door closer of the communal door has gauged a large hole out of the adjacent wall. At the end of the hall are stairs which lead to the first-floor subject property. The door of the subject property has a number of notices affixed to it. Through the door there is a very small hall immediately to the left of it is an area less than a metre wide by about 2.5m which contains the WC, basin shower and a gas boiler. The WC did not work. The shower and the basin had cold water supply only.

10.The hall then leads to a studio room, which contained a bed frame leading against the wall. There is a window at the end of the studio room. The window functions. Below can be seen, the extended grounds floor which is in a shell / building site condition, partially roofed. Additional another area immediately below the studio area which is in the same condition.

11. The studio room has a wooden block floor and power sockets. Off the studio room there is a kitchen area. The kitchen area has a sink with cold water only. A gas hob disconnected and kitchen cupboards and base unit. There is a fridge

3 freezer which is the tenants. To the side of the studio room is a window. This window looks out onto a flat roof. The flat roof is partially covered in excrement the source of which is unclear. Outside the flats front door are stairs leading up to other properties there is electrical cabling affixed to the common parts stairs which appears new.

Submissions

Applicant

12. The applicant described the subject property and that they had been in occupation since 2012. The Tenants application form noted that the tenant had supplied a bed, wardrobe, fridge, table shelving and an oven.

13. In terms of the rent the applicant said the landlord had proposed £1436.00 pcm the previous rent being £925.00 which had been determined by the FTT in 2023 without inspection. The applicant requested there should be a substantial reduction to reflect the condition of the property.

The tenant submitted a Reply Form.

14. The tenant described how in or around May 2024, the landlord had disconnected the gas supply to the property. This had occurred during a time when the building was undergoing works to convert or improve existing accommodation, in the property above the subject property. The tenant complains of intrusive noise occurring as a result of the building works immediately below. The tenant asserts the kitchen tap has little pressure; there is no central heating now the gas boiler has been disconnected. There is no hot water to the property.

15. The tenant submitted the landlord pays for the electricity, gas, water for the property and the tenant the council tax.

The tenant asserts that he has made many efforts to contact the landlord to request rectification of this.

The tenant has made no application for hardship nor provided evidence of such.

Respondent

16. The landlord does not disagree that he has disconnected the gas from the building and so also the subject property. The landlord states that as part of the conversion and upgrading works of the building he is switching the building to electric only.

17. The landlord states that he has offered on numerous occasions to replace the gas appliances with electric appliances, including obtaining a contractor to speak with the tenant in a different language that he believed the tenant may speak in addition to English. The landlords state the other properties are already converted to electric. The utilities are paid by the landlord but in the

4 case of electricity and gas when connected were apportioned and reimbursed to the landlord by the tenant.

The landlord states that they have been refused access to repair but no documentary evidence provided.

18. The landlord informed the Tribunal that they believed the tenant was on housing benefit.

19. In terms of the level of rent. The landlord stated that they knew from other landlords in the area that Housing Benefit for this type of accommodation would pay around £1400.00 per month sand so adopted a figure of £1436.00 pcm.

The Law

Section 14 Determination of rent by [tribunal]. (1) Where, under subsection (4)(a) of section 13 above, a tenant refers to [the appropriate tribunal] a notice under subsection (2) of that section, the [appropriate tribunal] shall determine the rent at which, subject to subsections (2) and (4) below, the [appropriate tribunal] consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy— (a)which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates;

(b)which begins at the beginning of the new period specified in the notice;

(c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and

(d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.

(2) In making a determination under this section, there shall be disregarded—

(a)any effect on the rent attributable to the granting of a tenancy to a sitting tenant;

(b)any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement— (i) was carried out otherwise than in pursuance of an obligation to [NAME], or

(ii) was carried out pursuant to an obligation to [NAME] being an obligation which did not relate to the specific improvement

5 concerned but arose by reference to consent given to the carrying out of that improvement; and

(c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.

Determination and Valuation

Valuation

20. What is the effective date that the determination is made?

The Housing Act 1988 section 14 (2) (b)

“which begins at the beginning of the new period specified in the notice”

The Tribunal finds this to be 5 November 2025.

21. What are the terms of the tenancy?

The Housing Act 1988 section 14 (2) (c)

“the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates”

The terms let are those existing during the fixed term tenancy in 2012 and the subsequent statutory periodic tenancy.

The tenancy provides for the tenant to pay the gas, electricity, water and the council tax.

The Tribunal finds this to be so with the exception of water which on the evidence is paid by the landlord.

The Tribunal finds that a term of the tenancy was the availability for the tenant to use a functioning gas boiler which supplied hot water to the radiators and taps. Additionally, that there is a gas supply to the gas hob.

Additionally, the property came with a functioning WC.

The tenancy also has a provision for the tenant have (6) (1) enjoyment of the property without interruption of the landlord.

22. What is the condition of the property?

The property’s layout is as described in the inspection section. The property does not have a functioning WC, or gas supply and as a consequent does not have functioning gas hob, boiler and so no central heating nor hot water.

6 On the flat floor to the side of the property by the kitchen window is significant amount of excrement. This is outside the tenancy but is within the wider landlord owned building.

The property has building work occurring beneath it , and there is evidence, new cabling, or works above.

The landlord had submitted they had been refused entry to repair. The tenant had contended they had sought repairs from the landlord but to no avail. Neither party submitted documentary evidence to support their claims.

It is common ground that the gas has been disconnected, the Tribunal on the evidence finds this occurred in May 2024.This would have led to the loss of hot water.

The Tribunal on inspection found the WC not functioning. Given the importance of this item, it would be expected the landlord would escalate the requests to mend if , and it is not proven, if the tenant refused access. There is no evidence of this. The Tribunal finds the landlord has not made sufficient efforts to repair the WC.

23. What is the value of the property if in a good condition?

The landlord has suggested the property’s rent should be £1436 pcm as in the Notice of Increase. The Tribunal on the assumption the building works on the ground floor were completed and the common parts were upgraded and the flat had full serve provision; the property would be worth £1250 pcm given its location.

24. What is the property worth in the condition at the effective date of the notice?

The Tribunal has not heard any evidence that the property is in any different condition at the date of inspection as it was on 5 November 2025.

The Tribunal does not have the jurisdiction to decide whether a property can be lawfully let but to determine a rental figure in the hypothetical world of section 14.

The property is;

(i) immediately above ongoing building works (ii) has no gas supply (iii) has no central heating (iv) has no hot water (v) no functioning hob (vi) has no functioning WC

And has significant quantities of excrement immediately outside the kitchen window.

7 25. The Tribunal places a notional figure of £100 per month effective from 5 November 2025.

Decision

26. The Tribunal determines £100 pcm from 5 November 2025.

Chairman: [NAME]: 26 February 2026

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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: 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.