Tribunal Sets New Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BC/MNR/2023/0402

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 75 [ADDRESS], [POSTCODE]

[NAME]

Landlord [RESPONDENT], 151 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT]

1. The rent is: £ 1500.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 07 October 2023

5. Date assured tenancy commenced 7 July 2020

6. Length of the term or rental period Monthly

7. Allocation of liability for repairs Section11 Landlord and tenant Act 1985

8. Furniture provided by landlord or superior landlord None

9. Description of premises Ground floor flat comprising two bedrooms, kitchen, bathroom/WC. Central heating

[NAME] of Decision 24 January 2024

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Case Reference

: LON/00BC/MNR/2023/0402

Property : 75 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] c/o [NAME] of Reference to the Tribunal : 21 September 2023

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

Tribunal

: Mr [NAME] of Summary Reasons

: 4 February 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1500 per month with effect from 7 October 2023 ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background 1. On 5 September 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1500 in place of the existing rent of £ 745 per month to take effect from 7 October 2023.

2. On 21 September 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 did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence 4. The Tribunal has had consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 5. Having considered the comparable evidence provided by the parties and 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 £1500 per 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 1500 per month.

9. The Tribunal directs the new rent of £1500 per month to take effect on 7 October 2023, this being the date as set out in the Landlord’s Notice of Increase.

Chairman: [NAME]: 4 February 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. The tribunal directs that any

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3 such application for full reasons be made within one month of the date that the summary reasons were sent. Any subsequent application for permission to appeal should be made on Form RP PTA.