Tribunal Sets New Rent for Assured Tenancy Following Section 13 Notice

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. MF/LON/OOBK/MNR/2025/0791

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] L Packer

Landlord [APPELLANT]

Tenant [APPELLANT]

1. The rent is: £ 2200.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 29 September 2025.

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 16 February 2021

6. Length of the term or rental period 3 years

7. Allocation of liability for repairs Landlord external structural

8. Furniture provided by landlord or superior landlord Sofa chair tv

9. Description of premises First floor flat two bedroom and one bathroom, one shower room and a kitchen.

[NAME] of Decision 29 September 2025

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MF/LON/OOBK/MNR/2025/0791 Property : [ADDRESS], [POSTCODE] Tenant : [NAME] Landlord : [APPELLANT] C/[COMPANY] of [NAME] : Section 13 Housing Act 1988 Tribunal Members : [NAME] L Packer Date and venue of Consideration : Inspection then determination on papers Date of Full Reasons : 29 September 2025

_______________________________________________

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DECISION

The Tribunal determines a rent of £2200 per calendar month (pcm) with effect from 29 September 2025. ____________________________________

Full REASONS

Preliminary Matters

The tribunal initially arranged to inspect the property before an intended determination on the 11 September 2025. The arrangements were postponed, owing to strikes impacting the transport system to 29 September 2025.

The respondent landlord stated they were unable to attend the rescheduled inspection of 29 September 2025. The tribunal conscious of its duty under The Tribunal Procedure (First Tier Tribunal (Property Chamber) Rules 2013 particularly Rule 3 to deal with cases “fairly and justly” and also to “avoid delay” directed that an interim decision would be issued to allow comment on the specific findings of the inspection.

At the inspection of the 29 September 2025, the tribunal was met by both the tenant and a representative of the landlord. Given that both parties were present the tribunal dispenses with the provision of an interim decision in the circumstances.

Background

1. On 12 March 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2300.00 per month in place of the existing rent of £1800.00 per month to take effect from 16 April 2025.

2. On 8 April 2025 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 [NAME] was accompanied by a copy of the assured tenancy for a period of 3 years from 16 February 2021 concluding and including 15 February 2024.

3. Directions were provided to the parties dated 1 July 2025.

4. The determination was carried out on the papers after an inspection of the property.

Inspection

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3 5. The Tribunal at the inspection found the property contained within a block build circa 1990s 2000s. The block itself is in the north section of [ADDRESS], a street which runs perpendicular about 500m from the [ADDRESS].

6. Flat 2 is accessed through a communal entrance which serves flats 1 to 4. Flat 2 is located on the first floor. On entry to the flat there is a central corridor from which on the left first is a kitchen. The kitchen is around 10ft by 10 ft. The kitchen has supplied by the landlord; cupboards worktops there is an oven, a hob a fridge freezer and a Miele washing machine. The kitchen has central heating and double-glazed windows. There is an additional [NAME] washing machine this is the tenants.

7. Further along the corridor on the left is a small bathroom tiled, about 5 foot by 10 foot. fitted with a bath,WC and basin, there are double glazed windows which open, there is no extractor vent.

8. Opposite from the corridor there is an internal shower room. The room is fully tiled containing a shower and a WC. There is evidence of black mould around the ceiling of the room and on the upper parts of the door.

9. From the corridor there is a bedroom around 10 foot by 8 foot with fitted cupboards, window and central heated radiator.

10. A second bedroom 10 foot by 12 foot is accessed from the corridor this has fitted wardrobes, double glazed window and central heated radiator.

11. At the end of the corridor there is a living room, with double glazed windows. The base of the exterior wall to the East to about a meter has paint flaking indicating moisture issues. There is also a horizontal crack that runs along the top of the wall near the ceiling. The room contains a wall mounted TV which is provided by the landlord. From the living room there is an additional space, about 8foot by 10 foot currently used as a bedroom. This area has fitted wardrobes supplied by the landlord. There is also a single bed unit supplied by the tenant. This area has double glazed windows.

12. There is access to a raised communal terrace space shared with other occupants of the building.

Evidence 13. The Tribunal has consideration of the written submissions provided by the tenant, including her adviser [APPELLANT] and the Landlord. These have been considered in full, and the details not replicated within the tribunal decision in detail.

The Determination

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14. The tenant's advisor, Westminster City Council notes two comparables for [ADDRESS] both two bedroom and both first floor these show a rent of £2200 pcm being asked. The property appears in good condition and are located in a larger older block.

15. The landlord has also supplied a number of comparables.

• A two-bedroom flat in a large block in Sommers Town north of Kings Cross this is £2405 pcm.

• A two-bedroom flat in [ADDRESS] at £4117 pcm, of about 763 sq feet.

• A further flat in Camden High Street at £2492 pcm.

• A flat in [ADDRESS]1 at £ 2500 pcm this is in [ADDRESS]/ Kentish town area.

• A flat in [ADDRESS]1 near Euston at £2492 pcm.

16. The tribunal considers the comparables of both parties and notes the more distance comparables in terms of context. The key comparables are those nearest to the subject property in size and location. Using the tribunals expertise the tribunal determines the subject property in good tenantable condition should achieve £2600 pcm.

17. The property has issues around condensation. This is in part attributable to the insufficient air circulation for the use of the flat. Additionally, the paint flaking in the living room may have causes beyond use.

18. The tribunal recognises this and adopts the 15% reduction suggested by the advisor to the tenant.The rent of £2600pcm is therefore adjusted by 15% , a deduction of £390pcm which makes a revised rent of £2100 pcm, round to £2200 pcm

Hardship

19. The Applicant noted that in their advisor's submission that they are on universal credit, the details of the finances are not repeated here. The tribunal considers given the finance status of the applicant they would have very considerable difficulty in paying any accumulated increase in rent from the effective date of the Notice which is 16 April 2025. Therefore, the tribunal considers hardship proven and adjusts the effective date of the Notice to 29 September 2025.

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Decision 20. 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 £2200.00 pcm with effect 29 September 2025.

Chairman: [NAME]:

29 September 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by [NAME] a written [NAME] to the First-tier Tribunal at the Regional Office which has been dealing with the case which [NAME] must: a. be received by the said office within 28 days after the Tribunal sends to the [NAME] written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party [NAME] the [NAME] is seeking. If the [NAME] is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the [NAME] for permission to appeal to proceed.