Tribunal Sets Market Rent of £280 Per Week for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00AN/MNR/2024/0239

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 194A [ADDRESS], [POSTCODE]

[NAME]

Landlord [NAME] [ADDRESS], [POSTCODE]

Tenant [NAME]

1. The rent is: £ 280 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 April 2024

*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 20 April 2020

6. Length of the term or rental period Weekly

7. Allocation of liability for repairs As per terms

8. Furniture provided by landlord or superior landlord None

9. Description of premises One bedroom basement flat containing a living room, a bathroom and a kitchen. No furniture provided by the Landlord and the Tenant has access to a private garden.

[NAME] of Decision 8 October 2024

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Case Reference

: LON/00AM/MNR/2024/0239

Property : 194A [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [NAME] of Objection : 31 March 2024

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

Tribunal

: Mrs [NAME] of Summary Reasons

: 8 October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £280 per calendar week with effect from 1 April 2024. ____________________________________

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

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SUMMARY REASONS

Background 1. On 20 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £250 per week in place of the existing rent of £232.13 per week to take effect from 1 April 2024.

2. On 31 March 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. The Tenant’s referral was received by the Tribunal on 31 March 2024.

Inspection 3. The Tribunal did not inspect the property and the neither party requested an inspection, but the Tribunal considered this case on the basis of the papers provided by the parties.

Evidence 4. The Tribunal has consideration of the written submissions provided by the Tenant. There were no written submissions provided by the Landlord.

Determination and Valuation 5. Having consideration of our own expert and general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £400 per calendar week. From this level of rent we have made adjustments as per the valuation below:

6. The full valuation is shown below:

per week Market Rent

£400

Less Subject property being a basement flat

) 5% No white goods provided

) 5% No curtains / floor coverings provided

) 5% Deduction for garden improvements

) 15%

30%

£120

Adjusted Market Rent therefore

£280

7. The Tribunal determines a rent of £280 per calendar week.

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 £280 per calendar week.

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9. The Tribunal directs the new rent of £280 to take effect on 1 April 2024, this being the date as set out in the Landlord’s Notice of Increase.

10. We should comment that the rent fixed by the Tribunal is the maximum rent and the Landlord may not charge a rent above that figure. However, in many cases when the Landlord is a Registered Social Landlord, the rent charged may be less than the rent fixed by the Tribunal. Indeed, the Landlord seems to be seeking a rent of £250 per week.

Chairman: [NAME]: 8 October 2024

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.