Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00BK/MNR/2024/0047

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 1st & 2nd Floor Maisonette, U/F, 45 [ADDRESS], [POSTCODE]

Mr A [NAME] Mr [RESPONDENT]

Landlord EXEDRA or [APPELLANT] 6 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 2385.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

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

*3. The amount included for services is/is

negligible/not applicable

Per

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 23 February 1998

6. Length of the term or rental period monthly

7. Allocation of liability for repairs Ss11 and 12 Landlord and Tenant Act 1985

8. Furniture provided by landlord or superior landlord Each bedroom [3 ] - has 1 bed, 1 wardrobe, 1 chest of drawers. Kitchen - fridge freezer, oven & hob, table & chairs, washing machine. No inventory - tenancy over 20 years

9. Description of premises 1st and 2nd floor converted flat in 4 storey terraced house

Chairman A Harris Date of Decision 16 May 2024

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Case Reference

: HS/LON/00BK/MNR/2024/0047

Property : 1st & 2nd Floor Maisonette, U/F, 45 [ADDRESS] , [POSTCODE]

Tenant

: Mr [APPELLANT]

Landlord : EXEDRA or [RESPONDENT] of Objection : 17 January 2024

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

Tribunal

: Mr [NAME] [NAME]

Mr [NAME] of Summary Reasons

: 16 May 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £2385.00 per calendar month with effect from 23 January 2024. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 © CROWN COPYRIGHT 2023

SUMMARY REASONS

Background 1. On 21 December 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 2500.00 in place of the existing rent of £ 1950.00 per month to take effect from 23 January 2024.

2. On 17 January 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 17 January 2024.

Inspection 3. The Tribunal has carried out an inspection of the property on 16 May 2024.

Evidence 4. The Tribunal has considered the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. In the absence of rental comparables provided by the parties the tribunal has relied on its own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in the condition and with the amenities the market would expect would be in the region of £2650.00 per calendar month. From this level of rent we have made adjustments in relation to:

The poor condition of the windows Basic bathroom Poor quality conversion of the 2nd floor front room into two

6. The full valuation is shown below:

PCM AST Market rent 2,650.00 £ less condition/terms 10.0% 265.00 -£ 2,385.00 £

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 £2385.00 per calendar month.

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9. The Tribunal directs the new rent of £2385.00 to take effect on 23 January 2024 This being the date as set out in the Landlord’s Notice of Increase

Chairman: A Harris

Date: 16 May 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.