Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

First-tier Tribunal – Property Chamber File Ref No. LON/00BK/MNR/2023/0465

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]

Landlord [RESPONDENT], 1 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1900 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 14th May 2024

*3. The amount included for services is: 269 Per Month

*4. Service charges are included

5. Date assured tenancy commenced 15th November 2000

6. Length of the term or rental period Assured 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 first floor studio flat forming part of a seven storey 1930s built block with commercial premises on the ground floor. The building contains 2 lifts and concierge service.

[NAME] of Decision 14th May 2024

Case Reference

: LON/OOBK/MNR/2023/0465

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] [COUNSEL]

Landlord : [APPELLANT] : None

Date of Objection : 31st October 2023

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

Tribunal

: Mr [NAME] of Summary Reasons

: 14th May 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,900 per calendar month with effect from 15th November 2023. ___________________________________

© CROWN COPYRIGHT 2024

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

SUMMARY REASONS

Background 1. On the 3 October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,350 per month in place of the existing rent of £1,083.33 per month to take effect from 15 November 2023.

2. On the 31st October 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.

Inspection

3. The Tribunal inspected did not inspect the property and no such request was made by the parties.

Evidence

4. The Tribunal has had consideration to the written submissions provided by the Landlord.

Determination and Valuation

5. The property is a first floor studio flat forming part of a seven storey 1930s built block with commercial premises on the ground floor. The building contains 2 lifts and concierge service. In accordance with the Landlord’s Reply Form the accommodation comprises: bedroom, kitchen, bathroom.

6. Having consideration of the Landlords generic schedule of comparable evidence and our own expert general knowledge of rental values in the Paddington area, we consider that the open market rent for the property if it were in good marketable condition with reasonably modern kitchen and bathroom, double glazing, modern services, carpets and curtains and white goods supplied by the landlord would be £1,900 per month.

7. The Tribunal determines a rent of £1,900 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 in its current condition was £1,900 per calendar month.

9. The Tribunal directs the new rent of £1,900 to take effect on the 15th November 2023. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship due to age and the significant increase in rental value.

Chairman: [NAME]: 14th 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.