Tribunal Sets New Rent for Assured Tenancy Based on Market Conditions

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. GB/LON/00BB/MNR/2024/0285

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination or Section 22 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were Flat 83 [NAME], 21 [ADDRESS], [POSTCODE]

Mr O Dowty MRICS Mr [RESPONDENT]

Landlord [COMPANY] 1-7 [ADDRESS], [POSTCODE]

Tenant [NAME]

1. The rent is: £ 1,535 Per Cal Month (excluding water rates and council tax but including any amounts in paras 3)

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

3. The amount included for services is

£60 Per Cal Month

4. Date assured tenancy commenced 1 May 2018

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord – save internal decs

7. Furniture provided by landlord or superior landlord Bed, wardrobe, sofa, tables, chairs, white goods.

8. Description of premises 1 bed flat without balcony on 8th floor of modern, lifted, purpose-built building.

Chairman Mr O Dowty MRICS Date of Decision 25 July 2025

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : GB/LON/00BB/MNR/2024/0285 Property : Flat 83, [NAME], 21 [ADDRESS], [POSTCODE] Tenant : [NAME] Landlord : [NAME] of Application : Section 13 Housing Act 1988 Tribunal Members : Mr [NAME] Mr [NAME] and venue of Consideration : 25 July 2025 – 10 [ADDRESS], [POSTCODE] Date of Summary Reasons : 29 July 2025

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DECISION

The Tribunal determines a rent of £1,535 per calendar month with effect from 1 May 2024. ____________________________________

SUMMARY REASONS

Background 1. On 8 March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,615 per month in place of the existing rent of £1,410 per month to take effect from 1 May 2024.

2. 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 18 April 2024.

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2 3. Unfortunately, at first the Tribunal’s administration incorrectly recorded the date of receipt of the referral as having been 12 July 2024. This led to the Tribunal striking the case out for want of jurisdiction, in a decision dated 25 October 2024; before – in response to the tenant’s seeking an appeal and clarifying the date the matter was referred to the Tribunal – setting aside that decision (and thereby reinstating the application) in a decision dated 18 November 2024.

Inspection 4. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties.

Evidence 5. The Tribunal has consideration of the written submissions provided by the Tenant and the Landlord.

Determination and Valuation 6. 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 good tenantable condition would have been in the region of £1,615 per calendar month at the proposed date of increase 1 May 2024.

7. From this level of rent we have made an adjustment of 5% to reflect the lease terms at the property being less attractive to a potential tenant than would generally be expected in the market as regards internal decorations.

8. The full valuation is show below:

9. The Tribunal determines a rent of £1,535 per calendar month.

Decision

10. 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 £1,535 per calendar month.

11. The Tribunal directs the new rent of £1,535 per calendar month to take effect on 1 May 2024; This being the date as set out in the Landlord’s Notice of Increase. Chairman: Mr O Dowty MRICS Date: 29 July 2025

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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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.