Tribunal Sets Higher Rent for Assured Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AL/MNR/2024/061

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 211 [ADDRESS], [POSTCODE]

[NAME] Valuer

Landlord [NAME] 45 [ADDRESS] [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 231 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 19 August 2024

*3. The amount included for services is/is

negligible/not applicable 21.34 Per week

5. Date assured tenancy commenced 20 January 2014

6. Length of the term or rental period Weekly

7. Allocation of liability for repairs In accordance with relevant lease clauses

8. Furniture provided by landlord or superior landlord None

9. Description of premises A second floor, one bedroomed flat with a lounge, kitchen one bedroom and bathroom/wc. The dwelling forms part of a low rise development on an established residential estate with nearby non-designated car parking. [NAME] of Decision 9 December 2024

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Case Reference

: LON/00AL/MNR/2024/0611

Property : 211 [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : [NAME] of Objection : 2 August 2024

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

Tribunal

: [NAME] B [NAME] valuer

Date of Summary Reasons

: December 9, 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £231.25 per week inclusive of service charge with effect from 19 August 2024. The Tribunal understand that the Landlord proposes to charge a lower rent of £116.02 per week inclusive of service charge ___________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 11 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 116.00 in place of the existing rent of £ 107.50 per week to take effect from 19 August 2024.

2. On 2 August 2024 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 on the basis of the papers provided by the parties.

Evidence 4. There were no written submissions from the parties.

Determination and Valuation 5. Having consideration from our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £250 per calendar week. From this level of rent we have made adjustments to reflect tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.

6. The full valuation is shown below:

3 Decision 8. 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 £231.25 per week inclusive of the service charge. The Tribunal understand that the Landlord proposes to charge a lower rent of £116.02 per week inclusive of service charge.

9. The Tribunal directed that a new rent of £231.25 per week or the lower proposed rent of £116.02 to take effect on 19 August 2024. This being the date as set out in the Landlord’s Notice of Increase

Chairman: [NAME]: 9 December 2024

GUIDANCE ON APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision.

You can only appeal if the First-tier Tribunal decision was wrong on one or more points of law and you must say why the First-tier Tribunal was wrong in law.

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 subsequent application for permission to appeal should be made on Form RP PTA.