Tribunal Sets New Rent for Assured Tenancy Based on Market Value

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/00BG/MNR/2024/0012

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 28 [ADDRESS], [POSTCODE]

Mr [RESPONDENT] [NAME]

Landlord [APPELLANT] 13a [ADDRESS], [POSTCODE]

Tenant Mrs [APPELLANT] [NAME]

1. The rent is: £ 1700.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 16 December 2023

*3. The amount included for services is not applicable

Per

4. Date assured tenancy commenced 16 July 2022

5. Length of the term or rental period 12 Months

6. Allocation of liability for repairs S11 Landlord and Tenant Act 1985

7. Furniture provided by landlord or superior landlord One wardrobe

8. Description of premises Ground floor flat in former local authority block with 2 rooms, kitchen and bathroom/WC

Chairman A Harris Date of Decision 16 April 2024

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Case Reference

: TR/LON/00BG/MNR/2024/0012

Property : 28 [ADDRESS], [POSTCODE]

Tenant

: Mrs [APPELLANT]

Landlord : [RESPONDENT] of Objection : 1 November 2023

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

Tribunal

: Mr [NAME] [NAME] of Summary Reasons

: 16 April 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1700.00 per calendar month with effect from 16 December 2023. ____________________________________

© CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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SUMMARY REASONS

Background

1. On 19 October 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1795.00 in place of the existing rent of £ 1475.00 per month to take effect from 16 December 2023

2. On 1 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 1 November 2023

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. There were no written submissions from the parties.

Determination and Valuation

5. In the absence of rental evidence from the parties the tribunal relies on its 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 £1700.00 per calendar month.

Decision

6. 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 £1700.00 per calendar month.

7. The Tribunal directs the new rent of £1700.00 to take effect on 16 December 2023 This being the date as set out in the Landlord’s Notice of Increase. There was no evidence before the Tribunal that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: A Harris

Date: 16 April 2024

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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 subsequent application for permission to appeal should be made on Form RP PTA.