Tribunal Sets New Rent for Assured Periodic Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/OOBE/MNR/2024/0710

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 [ADDRESS] . London, [POSTCODE]

R [NAME] [RESPONDENT]

Landlord The Incorporated Trustees of the Dulwich Estate Address

Tenant [APPELLANT]

1. The rent is: £ 2175 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 20 February 2025

*3. The amount included for services is

not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 20 July 2018

6. Length of the term or rental period Ending 30 June 2019

7. Allocation of liability for repairs landlord

8. Furniture provided by landlord or superior landlord n/a white goods by landlord

9. Description of premises Semi detached house 2 bedrooms, with living room, bathroom/WC and Kitchen with a garden and off-road parking

Chairman R Waterhouse FRICS Date of Decision 20 February 2025

1

Case Reference

: FR/LON/OOBE/MNR/2024/0710

Property : 19 [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : The Incorporated Trustees of the Dulwich Estate

Date of Objection : 30 September 2024

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

Tribunal

: [NAME] [NAME] of Full Reasons : 20 February 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £2175 per calendar month with effect from 20 February 2025. ____________________________________

Full REASONS

Background FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

1. On 4 November 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2175.00 per month in place of the existing rent of £2080.00 per month to take effect from 1 January 2025.

2. An application dated 16 November 2024 was made 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 16 November 2024.

Inspection

3. The Tribunal did not inspect the property.

Evidence

4. The Tribunal has considered the written submissions, oral submissions made at the hearing, provided by the parties, and the tribunal has had the benefit of an inspection. The tribunal only took into account written material that had been shared between both parties. The Landlord did not attend the tenant did attend the hearing. The Tenant [APPELLANT] [NAME] attended.

Directions were issued 19 December 2024.

The Tenant’s submissions included;

5, A copy of the tenancy agreement dated 20 July 2018 for 11 months and 12 days ending on 30 June 2019 at a rent of £1850 per year.

A completed reply form noting a request for a hearing but no inspection.

Detail of the property which is a two-bedroom semi-detached house which has a living room bathroom WC and kitchen. It was noted that the property has central heating, carpets and curtains and white goods supplied by the landlord. There is also off-street parking and a garden.

An additional document dated 19 December 2024 titled First Tier Tribunal Property Chamber. This document includes a submission and evidence of hardship.

The tenant described the property confirming it was a two-bedroom property with a living room, bathroom/WC and kitchen. It was noted that the property had central heating, and the windows had been replaced recently.

No specific submissions were received on rental level other than to request the tribunal take into account the different levels of rent which the tenant believed were being paid in the road for similar properties.

3 Finally, the tenant gave a detailed case for a later effective date, for hardship reasons, should the tribunal determine a rent increase. The submission included employment status and financial matters.

The Landlords Submission

No submission has been received from the landlord.

Determination and Valuation

7. Having consideration of the views of the parties and any 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 good tenantable condition would be in the region of £2175 per month, if the property was in good tenantable condition.

Decision

8. The Tribunal has not received any information that demonstrates any disrepair or feature that would require the rent being discounted.

9. An application for hardship has been made and the tribunal is satisfied of the case for hardship. The tribunal determines a rent of £2175 per month with an effective date of the date of hearing.

8. The Tribunal therefore determines the new rent of £2175 per month to take effect on 20 February 2025.

Chairman: R Waterhouse FRICS

Date: 20 February 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.

4 If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.