Tribunal Sets Market Rent for Assured Tenancy Dispute

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BD/MNR/2023/0315

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 10 [ADDRESS], [POSTCODE]

[NAME] [NAME] Mrs [RESPONDENT]

Landlord [RESPONDENT] [ADDRESS] , Walton on Thames , [POSTCODE]

Tenant Mr [APPELLANT] & [APPELLANT] [NAME]

1. The rent is: £ 5100.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 15 July 2023

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 15 March 2021

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs As per tenancy agreement and s11 of the Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord None

9. Description of premises 4 bedroom semi detached house built circa 2011

[NAME] of Decision 27 September 2023

1

Case Reference

: HS/LON/00BD/MNR/2023/0315

Property : 10 [ADDRESS], [POSTCODE]

Tenant

: Mr [APPELLANT] & [APPELLANT]

Landlord : [RESPONDENT] of Objection : 13 July 2023

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

Tribunal

: Mr [NAME] [NAME] Mrs [NAME] of Summary Reasons

: 27 September 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £5100.00 per calendar month with effect from 15 July 2023. ____________________________________

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

2

SUMMARY REASONS

Background 1. On 6 June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 5200.00 per month in place of the existing rent of £ 3333.33 per Month to take effect from 15 July 2023.

2. On 13 July 2023 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. The Tenant’s referral was received by the Tribunal on 13 July 2023

Inspection 3. The Tribunal did not inspect the property but considered this case on the basis of the hearing and papers provided by the parties.

Evidence 4. The tribunal held a hearing attended by the Landlord. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord’s written and oral evidence at the hearing.

Determination and Valuation 5. Having consideration of the comparable evidence proved by the parties in particular the letting of the next door property which is a mirror image of the subject property at a rent of £5100.00 per month and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in it’s the condition we are required to assume would be in the region of £5100.00 per calendar month.

Decision 6. 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 £5100.00 per calendar month.

9. The Tribunal directed the new rent of £5100.00 to take effect on 15 July 2023. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 27 September 2023

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,

3 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.