Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00AK/MNR/2024/0216

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 6A [ADDRESS], [POSTCODE]

[NAME] Mr [RESPONDENT]

Landlord Enfield Let Address Civic Centre, Enfield, [POSTCODE]

Tenant Mrs [APPELLANT] [NAME]

1. The rent is: £ 415 Per Week (excluding water rates and council tax but including any amounts in paras 3)

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

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced

6. Length of the term or rental period Statutory Periodic Tenancy

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A three-bedroom first floor flat located over commercial premises forming part of a three storey building located in a mixed commercial and residential area.

[NAME] of Decision 29th October 2024

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Case Reference

: LON/OOAK/MNR/2024/0216

Property : 6A [ADDRESS], [POSTCODE]

Tenant

: Mrs [APPELLANT] [NAME]

Landlord : Enfield Let

Date of Objection : 25th March 2024

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

Tribunal

: Mr [NAME] Mr [NAME] of Summary Reasons

: 29th October 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £415 per calendar week with effect from 1 April 2024. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background

1. On the 1st March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £488.95 per week in place of the existing rent of £368.22 per month to take effect from 1 April 2024 being an increase of £120.73 per week.

2. The Tenants application is dated the 25 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.

Inspection

3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties together with the assistance of Google Maps and Rightmove.

Evidence

4. The Tribunal has consideration of the limited written submissions provided by the parties. No comparable evidence was provided by the parties to the Tribunal.

Determination and Valuation

5. Firstly, having consideration of the Landlord’s comparable evidence together its own expert, general knowledge of rental values in the Enfield area, we consider that the open market rent for the property in its current condition would be £415 per week. (£1,800 per month)

6. The Tribunal has received no evidence from the parties in relation to the condition of the property and therefore no adjustments have been made.

Decision 7. 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 governed by the relevant clause in the agreement was £415 per calendar week.

11. The Tribunal directs the new rent of £415 per week to take effect on the 1 April 2024. This being the date set out in the Landlord’s Notice of Increase and the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship.

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Chairman: [NAME]: 29th 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 subsequent application for permission to appeal should be made on Form RP PTA.