Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00AA/MNR/2024/0101

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], [POSTCODE]

Mr C Norman FRICS

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

Tenant [NAME]

1. The rent is: £ 297 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

Per

5. Date assured tenancy commenced 4 July 2016

6. Length of the term or rental period Weekly

7. Allocation of liability for repairs Landlord structure /services. Tenant internal repairs/redecoration

8. Furniture provided by landlord or superior landlord None

9. Description of premises Fourth floor bedsit with kitchen and bathroom

Chairman Mr [NAME] of Decision 4 September 2024

© CROWN COPYRIGHT 2024

1

Case Reference

: GB/LON/00AA/MNR/2024/0101

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [NAME] of Objection : 26 February 2024

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

Tribunal

: Mr [NAME] of Summary Reasons

: 4 September 2023

_______________________________________________

DECISION

The Tribunal determines a rent of £297 per week with effect from 1 April 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

© CROWN COPYRIGHT 2024

2

SUMMARY REASONS

Background 1. On 19 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 276.65 in place of the existing rent of £ 256.87 per week to take effect from 1 April 2024.

2. On 26 February 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 26 February 2024.

Inspection 3. The Tribunal did not inspect the property but 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 and/the Landlord.

Determination and Valuation 5. Having consideration of the comparable evidence proved 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 £330 week. From this level of rent we have made adjustments in relation to:

The tenant’s internal repairing and redecorating liability

6. The full valuation is shown below:

per week Market Rent

£330

Less The tenant’s internal repairing ) and

) approx. 10% redecorating liability

)

£33

£297

7. The Tribunal determines a rent of £297 per week.

© CROWN COPYRIGHT 2024

3

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 £297 per week.

9. The Tribunal directs the new rent of £297 to take effect on 1 April 2024 this being the date as set out in the Landlord’s Notice of Increase.

Chairman: Mr C Norman FRICS Date: 4 September 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 subsequent application for permission to appeal should be made on Form RP PTA.