Tribunal Sets New Market Rent for Assured Tenancy

OUTCOME: Allowed

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Case Reference

: LON/00AE/MNR/2023/0480

Property : Flat 23 [NAME], 72 [ADDRESS] [POSTCODE]

Tenant

: Mr [APPELLANT] [NAME]

Landlord : Mrs [RESPONDENT] of Application : 13 November 2023

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

Tribunal

: [NAME] [NAME] of Summary Reasons

: 24 June 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1425 per calendar month with effect from 26 November 2023. ____________________________________

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

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SUMMARY REASONS

Background 1. On 19 October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500 in place of the existing rent of £ 1,250 per month to take effect from 26 November 2023.

2. On 13 November 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.

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

4. A video hearing was held to discuss the application on 21 June 2024. The parties were invited to attend and given joining instructions. The Landlord, Ms [APPELLANT] attended but the Tenant did not. The Tribunal made enquiries of their Video Hearing Service(VHS) about the failure of the tenant to participate at the hearing and were told:

“No . I rang him twice and he didn't answer. He spoke to my colleague on the phone and asked to join by phone and then hung up”.

Evidence 5. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord. They also had regard for the Landlord’s oral submission at the hearing.

Determination and Valuation 6. Having consideration of the comparable evidence provided by the parties and of 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 £1,500 per calendar month.. From this level of rent we have made adjustments to reflect any tenant improvements, tenant furniture and floor coverings, dilapidation and obsolescence at the property.

7. The full valuation is shown below:

3 Flat 23 [NAME], 72 [ADDRESS] [POSTCODE] Market rent calculation in accordance with Housing Act 1988 Section 13 Market rent £1,500.00 per month Disregards Deduction per month Deduction as % Part furnished by tenant £75.00 5.00% Dilapidations/Material rental matters None advised in submissions Adjustment total £75.00 5.00% Adjusted Market Rent £1,425.00 per month

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 £1,425 per calendar month.

9. The Tribunal directed the new rent of £1,425 per month to take effect on 26 November 2023. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 24 June 2024

APPEAL PROVISIONS

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.

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

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AE/MNR/2023/0480

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 Flat 23 [NAME], 72 [ADDRESS] [POSTCODE]

[NAME] [NAME]

Landlord Mrs [RESPONDENT] 81 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT] [NAME]

1. The rent is: £ 1425.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 26 November 2023

*3. The amount included for services is/is

negligible/not applicable Nil Per Month

5. Date assured tenancy commenced 26 September 2020

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs In accordance with Agreement terms

8. Furniture provided by landlord or superior landlord All white goods, table, fitted wardrobe and floor coverings

9. Description of premises A third floor purpose built studio flat with a designated sitting area, bathroom/WC and ancillary galley kitchen.

[NAME] of Decision 21 June 2024