Tribunal Sets Fair Rent for Tenancy Dispute

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/21UC/MNR/2024/0637

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] [NAME] [RESPONDENT] D [RESPONDENT]

Landlord [RESPONDENT] c/o [APPELLANT], 128-129 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £615.00 Per Calendar Month (To exclude Water Rates and Council Tax but to include any amounts in paras. 3 and 4)

2. The date the decision takes effect is: 26 November 2024

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

4. Date assured tenancy commenced 26 November 2020

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord & Tenant – section 11 of the Landlord and Tenant Act 1985 applies

7. Furniture provided by landlord or superior landlord None

8. Description of premises Late Victorian/early Edwardian four-storey property (or ‘premises’) now converted into a number of flats, with local bus and rail services. Sea front location. The accommodation comprises: ground floor – Studio room with separate bathroom/WC and small balcony.

[NAME] [NAME] of Decision 21 January 2025

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/21UC/MNR/2024/0637 Property : [ADDRESS] [POSTCODE] Applicant Tenant : Ms [COUNSEL] A [COUNSEL] :

None

Respondent Landlord : [RESPONDENT] : Ms [COMPANY] of Application :

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

Tribunal Members : Mr [NAME] [NAME] Ms [NAME] D [NAME] D [NAME] of Application : 10 November 2024 Date of Decision :

21 January 2025

DECISION

The Tribunal determines a rent of £615 (Six Hundred and Fifteen Pounds) per Calendar Month with effect from 26 November 2024.

HAV/21UC/MNR/2024/0637 2 SUMMARY REASONS

Background 1. On 11 October 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £650 per month in place of the existing rent of £575 per month to take effect from 26 November 2024.

2. On 10 November 2024 under Section 13(4) 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 Rent Appeal Statements (‘the statements’) submitted by both parties (Ms [RESPONDENT] of [APPELLANT] on behalf of the Landlord and Ms [APPELLANT], the Tenant, on her own behalf), each following the Tribunal’s Directions dated 29 November 2024. In addition, the Tribunal has considered the case bundle also. Determination and Valuation 5. The Tribunal has considered the comparable lettings evidence provided by Ms [NAME] in her statement. Ms [NAME] in her statement says, ‘’I am happy to pay £600/£625 seeing as they are not carrying out fixtures.’’ 6. Following the above, the contents of the bundle and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the market rent for the property in good tenable condition would be £700 (Seven Hundred Pounds) per Calendar Month.

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

8. In this case the Tenant has informed the Tribunal of various items of disrepair, and that there is neither central heating, nor a washing machine, nor double glazing.

Accordingly, some adjustments to the market rent are necessary.

9. The Tribunal’s valuation is shown below: Market rent in good condition (£ PCM)

£700 Less deductions (£ PCM) for: Disrepair/condition

£50 No central heating

£25

HAV/21UC/MNR/2024/0637 3 No washing machine

£10 £85

Market rent (per calendar month)

£615

9. The Tribunal therefore decided that the rent at which the property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £615 (Six Hundred and Fifteen Pounds) per Calendar Month.

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

11.

Accordingly, the Tribunal directs that the new rent of £615 Per Calendar Month should take effect from 26 November 2024. This being the date specified in the Landlord’s Notice proposing a new rent. 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.