Tribunal Sets Market Rent for Tenancy in Holland Park

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AW/MNR/2022/0126

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 5 [NAME], St. [ADDRESS], [POSTCODE]

[NAME] [NAME]

Landlord [RESPONDENT] 80 [ADDRESS], [POSTCODE]

Tenant [APPELLANT]

1. The rent is: £ 3,000 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 06 December 2022

*3. The amount included for services is/is

negligible/not applicable N/A Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 29th September 1992

6. Length of the term or rental period One Month

7. Allocation of liability for repairs Landlord repairs

8. Furniture provided by landlord or superior landlord None

9. Description of premises A second floor flat with Lounge/ diner ,2 bedrooms , a study , kitchen and 2 bathrooms

[NAME] [NAME] of Decision 06 December 2022

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : LON/00BG/F77/2022/0142

Hearing Type : [ADDRESS] of Written Representations

Property : 5 [NAME], [ADDRESS], [POSTCODE]

Applicant: [redacted]

Respondent: [redacted] : Section 13 of the Housing Act 1988

Tribunal Member : [NAME], FIRPM

Valuer Chairman

Date of Reasons : 16/03/2023

REASONS

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REASONS

Background

1. On 1 August 2022 the landlord served a Notice under Section 13(2) of the Housing Act 1988 proposing an increase in the rent of the above property to £3055 per calendar month.

2. On 3 August 2022 the tenant referred the section 13 notice to the Tribunal for the determination of a market rent.

3. By way of a letter dated 26 August 2022, the Tribunal wrote to the parties highlighting an issue of jurisdiction advising that it might not have jurisdiction to determine the matter due to the fact that the landlord’s Notice was defective. The parties were given until 8 September 2022 to reply and respond on whether they wished to have this matter determined by way of hearing or written representations.

4. By way of a letter dated 26 August 2022, Mrs [RESPONDENT], the daughter of the landlord, wrote on the landlord’s behalf providing reasons for the increase together with extracts from the website Zoopla detailing the comparable evidence on which she had based her proposal of increase.

5. The tribunal subsequently wrote to the parties advising that owing to an administrative error documentation in the original [NAME] was, in fact, incorrect and did not relate to the subject property.

6. Therefore the Tribunal had jurisdiction .

7. On 30th September 2022, the tribunal issued Directions to the parties requiring them to produce any evidence on which they wished to rely in support of their respective cases , including by use of the reply form . The matter was set down for a determination on the papers unless either party requested a hearing, which neither did. The landlord was directed to return the reply form with any other documents upon which it wished to rely the landlord by 21st October 2022. The tenant was directed to do likewise by the 4Th of November 2022 and the landlord respond by the 11th November 2022.

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8. On 6 December 2022 on the papers received and without a hearing, the Tribunal determined that the market rent of the property was £3,000 per month.

9. Subsequently, the tenant requested reasons by way of a letter dated 12 January 2023.

The Law

10. The rent to be determined under Section14 of the Housing Act 1988 ( see annex)

The Property

11. From Google Maps and and information provided on the [NAME] form the Tribunal has found as follows:

The property comprises a second floor purpose built flat in an eight to nine storey block dating from the 1960s and to be of frame construction under a flat roof.

[NAME] is located on the corner of [ADDRESS] in [ADDRESS] and is well placed for local transport and shopping facilities.

12. The accommodation comprises four rooms, winter garden/study and two bathrooms. From the tenant’s correspondence, the tenant has replaced all of the original furniture that may have been provided by the landlord, changed the carpets throughout on two occasions, painted the flat on three occasions and replaced the freezer and the dishwasher.

13. Of these, the landlord agrees that the tenant has replaced the furniture but makes no comment on the recarpeting or redecoration and disagrees that the tenant has replaced the dishwasher and freezer.

Valuation

14. The Tribunal must firstly determine the market rent for a property of this size, in this location and in its current condition. The Tribunal notes the comments made by both the landlord and tenant in their submissions and takes these factors into consideration. In addition the landlord submits that included in the rent are water rates and service charges. Using its own general knowledge of the Greater London property market and the market in [ADDRESS] the Tribunal finds that the market rent for a property of this size, in this location,

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in average condition, with the usual white goods, carpets and decorated to a good condition would be £3,500.

15. Taking into account the tenant’s submission, the Tribunal makes no addition for the presence of furniture within the flat but makes allowance for the fact that the tenant maintains that the carpets have been changed twice and the flat decorated three times, a fact uncontested by the landlord. The Tribunal also takes into account the fact that the freezer and dishwasher are not included with the rent.

16. Lastly, the Tribunal notes that within the rent are included water rates (paid for by the landlord) and service charge (paid for by the landlord). As far as the service charge is concerned, without evidence to the contrary the Tribunal is of the opinion that this relates to the maintenance of the fabric of the building and thus disregards it as maintenance; the responsibility of the landlord for most assured shorthold tenancies.

17. The Tribunal therefore makes deductions from the market rent of £3,500 per month to reflect maintenance undertaken within the flat by the tenant.

Market Rent: £3,500 per month

• Less for work completed on behalf of the tenant £ 500. per month

This leaves a net rent of £3,000 per month.

Name: Mr [NAME] [NAME]: 16.03.23

ANNEX – 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 might 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 this case

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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. Any appeal in respect of the Housing Act 1988 should 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).