Tribunal Sets New Rent for Deteriorating Property

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AG/MNR/2025/0843

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

[NAME] 14

Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]

R [APPELLANT]/[APPELLANT]. Address

Tenant [NAME]

1. The rent is: £ 2210.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 June 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 17 November 2015

6. Length of the term or rental period 6 months

7. Allocation of liability for repairs Landlord external structural

8. Furniture provided by landlord or superior landlord none

9. Description of premises Fourth floor flat – one living/kitchen , one bedroom, and one bathroom

Chairman R Waterhouse FRICS Date of Decision 23 September 2025

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/OOAG/MNR/2025/0843 Property : [ADDRESS], [POSTCODE]. Tenant : [NAME] Landlord : [APPELLANT]/[APPELLANT] of Application : Section 13 [NAME] Tribunal Members : R Waterhouse FRICS Date and venue of Consideration : Determination on papers with no subsequent inspection. Date of Full Reasons : 23 September 2025

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DECISION

The Tribunal determines a rent of £2210.00 per month with effect from 1 June 2025. The Landlord may choose to charge a lower figure. ____________________________________

Full REASONS

Background 1. On 28 February 2025 the Landlord served a notice under Section 13(2) of the [NAME] which proposed a new rent of £1376.18 per month in place of the existing rent of £1340.00 per month to take effect from 1 June 2025.

2. On 30 May 2025 under Section 13(4)(a) of the [NAME], 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 30 May 2025. A copy of a tenancy agreement was supplied, as was a copy of the Notice of Increase of Rent.

5. The determination was carried out on the papers.

Property Description

6. The property was described in the application form as a fourth floor flat, comprising one open kitchen living room, one bedroom, one kitchen, and a bathroom. The tenancy ran from 17 November 2015. The Notice of Increase in Rent shows no monies charged for additional services.

Submissions

Applicant Tenant submissions

The Tenant submitted within the application form that; “there are no improvements instead the property is deteriorating, and the Landlord is neglecting the property due to disrepairs. There have been several leaks and the damage caused by such has not been fixed. There is damage in the communal areas ceiling as well as to sanitary facilities in the property. Prior to this several issues have already been reported, including the kitchen that has rotten woodwork, floor damage, issues with the washing machine etc.”

[NAME] submitted by e mail 9 September a number of photographs of the subject property. The photographs show various aspects of water damage and worn fittings and fixtures.

Further by email dated 5 September 2025 the Tenant forwarded to the Tribunal copies of four properties that were being marketed all at a rent of £1550 per

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3 month. The Tenant submitting that the subject property was in a poorer condition that the comparables.

Respondent Landlords Submission

The Tribunal has a copy of an email sent to it by the [NAME] dated 1 August 2025, noting that the matter was to be referred to the “Rent and Service Charge Team”.

There is no further correspondence.

Determination and Valuation

The Tribunal first determined what the rent of the property should be if the property was in good tenantable condition.

The Tenant supplied four comparables at £1550 each the comparable details did not include details of their location.

The Tribunal using its expertise of rental levels in the vicinity determined the property in good tenantable condition would be, £2600.00 per month.

The property is said by the Tenant to be in a tired condition, these assertions are not countered by the [NAME] and the Tribunal deducts 15% to reflect this.

The rent after deduction is £2210.00 per month.

Hardship

The Notice of Increase identifies the start date for the new rent as 1 June 2025.

The Tribunal has not any submissions on hardship and so determines the rent of £2210.00 per month to come into effect from the date in the Landlord’s Notice which is 1 June 2025.

Chairman: R Waterhouse FRICS

Date: 23 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 making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must:

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4 a. be received by the said office within 28 days after the Tribunal sends to the person making the application 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 making the application is seeking. If the application 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 application for permission to appeal to proceed.