Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00AT/MNR/2023/0462

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]

[NAME] Mr [RESPONDENT]

Landlord [RESPONDENT] c/o [APPELLANT], 33 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £ 1300 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 23 May 2024

*3. The amount included for services is/is

negligible/not applicable 100 Per month

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 17 January 2021

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Landlord: exterior, structure and services; tenant internal repairs

8. Furniture provided by landlord or superior landlord Sofa and bed

9. Description of premises Small studio flat with kitchenette and shower room/WC in a converted house

[NAME] of Decision 9 June 2024

Case Reference

: LON/00AT/MNR/2023/0462

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [RESPONDENT] of Objection : 3 November 2023

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

Tribunal

: Mr [NAME]

Mr [NAME] of Summary Reasons

: 9 June 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,300 per calendar month with effect from 23 May 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

© CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 4 October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1300 in place of the existing rent of £ 870 per month to take effect from 17 November 2023.

2. On 3 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. The Tenant’s referral was received by the Tribunal on 3 November 2023.

Inspection 3. The Tribunal has carried out an inspection of the property on 23 March 2024.

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 £1280 per calendar month. From this level of rent we have made adjustments in relation to:

An amount reflecting provision of utilities

6. The full valuation is shown below:

per calendar month Market Rent

£1200

Add Utilities provided by landlord within rent, say

£100

£1300

7. The Tribunal determines a rent of £1,300 per calendar 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 £1,300 per calendar month.

9. The Tribunal directs the new rent of £1,300 per month to take effect on 23 May 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: [NAME]: 9 June 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.