Tribunal Sets Fair Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BK/MNR/2024/0010

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]

Judge [NAME]

Landlord [RESPONDENT] floor, [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £ 1550.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 12 December 2023

*3. The amount included for services is/is

negligible/not applicable Nil Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 12 September 2022

6. Length of the term or rental period 6 months initial term

7. Allocation of liability for repairs As per the tenancy agreement

8. Furniture provided by landlord or superior landlord Not known

9. Description of premises Studio flat on first floor

Chairman Judge Tagliavini Date of Decision 20 March 2024

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Case Reference

: LON/00BK/MNR/2024/0010

Property : [ADDRESS], London W2 3R

Tenant

: [APPELLANT]

Landlord : [RESPONDENT] of Objection : 11 December 2023

Type of [NAME] : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal

: Judge [NAME] of Reasons

: 8 April 2024

_______________________________________________

DECISION ____________________________________

© CROWN COPYRIGHT 2023

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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The tribunal’s decision

(1.) The Tribunal determines a rent of £1,550 per calendar month with effect from 12 December 2023.

________________________________________________

Background

1. On 8 November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,7500 in place of the existing rent of £1,350 per month to take effect from 12 December 2023.

2. On 11 December 2023 under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice dated 23 November 2023 proposing a new rent to the Tribunal for determination of a market rent. The Tenant’s referral was received by the Tribunal on 11 December 2023 and directions were issued to the parties.

3. The Tenant occupies the subject premise pursuant to a Tenancy Agreement dated 1 September 2022 with effect from 12 September 2022 for a fixed term of 6 months renewable with permission by the Landlord.

Inspection

4. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the Tenant.

Evidence

5. Neither party provided written submissions to the tribunal and therefore the [NAME] was determined on the [NAME] and supporting documents provided by the applicant.

Determination and Valuation

6. The subject property comprises a first floor studio flat with kitchen and bathroom/w.c. It is occupied by the applicant under a monthly periodic tenancy. In [NAME] its determination, the tribunal had regard to the provisions of section 14 of the Housing Act 1988, the relevant parts of which state:

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(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 [NAME] 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 his immediate landlord, or

(ii)was carried out pursuant to an obligation to his immediate

landlord being an obligation which did not relate to the specific

improvement 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.

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(7)Where a notice under section 13(2) above has been referred

to the appropriate tribunal, then, unless the landlord and the

tenant otherwise agree, the rent determined by the

appropriate tribunal(subject, in a case where subsection (5)

above applies, to the addition of the appropriate amount in

respect of rates) shall be the rent under the tenancy with effect

from the beginning of the new period specified in the notice or,

if it appears to the appropriate tribunal that that would cause

undue hardship to the tenant, with effect from such later date

(not being later than the date the rent is determined) as the

appropriate tribunal may direct.

7. Having regard to our own expert, general knowledge of rental values in the area of Paddington, Bayswater, [ADDRESS], [ADDRESS], [ADDRESS] and Little Venice (part), we consider that the open market rent for the property in good tenantable condition would be in the region of £1,550 per calendar month. The tribunal determined there were no adjustments required to this figure.

8. The Tribunal determines a rent of £1,550 per calendar month is payable.

Decision

9. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1550 per calendar month.

10. The Tribunal directs the new rent of £1,550 to take effect on 12 December 2023. This being the date as set out in the Landlord’s Notice of Increase as no representation were made in respect of any issue of hardship caused by the start date for the increased rent,

Name: Judge Tagliavini

Date: 8 April 2024

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Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The [NAME] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The [NAME] for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. Please note that if you are seeking permission to appeal against a decision made by the Tribunal under the Rent Act 1977, the Housing Act 1988 or the Local Government and Housing Act 1989, this can only be on a point of law. If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).