Tribunal Sets New Rent of £1,600 for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/00AE/MNR/2024/0184

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 13A [ADDRESS], [POSTCODE]

Judge Dutton Mrs S Phillips

Landlord [APPELLANT] 595 [ADDRESS], [POSTCODE]

Tenant Ms [APPELLANT] - [APPELLANT]

1. The rent is: £ 1,600 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 20 August 2024

*3. The amount included for services is

not applicable N/A Per

5. Date assured tenancy commenced July 2017

6. Length of the term or rental period monthly

7. Allocation of liability for repairs S11 Landlord and Tenant Act 1985, tenant responsible for minor internal repairs and decoration.

8. Furniture provided by landlord or superior landlord none

9. Description of premises Ground floor flat in a building of three flats, comprising 3 rooms, kitchen, bathroom and rear garden,

Chairman Judge Dutton Date of Decision 20 August 2024

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Case Reference

: LON/00AE/MNR/2024/0184

Property : 13A [ADDRESS] [POSTCODE]

Tenant

: Miss [APPELLANT] [NAME]

Landlord : [RESPONDENT] of Objection : 22 March 2024

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

Tribunal

: Judge Dutton Mrs S Phillips MRICS

Date of Summary Reasons

: 20 August 2024

_______________________________________________

DECISION

The Tribunal determines a rent of £1,600 per calendar month with effect from 20 August 2024. ____________________________________

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

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SUMMARY REASONS

Background 1. On 13 February 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,650 in place of the existing rent of £1,300, to take effect from 31 March 2024

2. On 22 March 2024 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 22 March 2024.

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 consideration of the written submissions provided by the Tenant dated 3 August 2024 and the Landlord’s letter dated 2 August 2024 with attachments.

Determination and Valuation

5. Having consideration of our own expertise and general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £2,000 per calendar month. From this level of rent we have made adjustments in relation to:

The tenant’s liability for repair and decoration of 5% Unmodernised property

15%

6. The full valuation is shown below:

Market Rent

£2,000 per calendar month

Less Repairing and decorating obligations approx. and condition

£400.00

Market Rent assessed at £1,600

7. The Tribunal determines a rent of £1,600 per calendar month.

Decision

3 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 £1,600 per calendar month

9. The Tribunal directs the new rent of £1,600 per calendar month to take effect on 20 August 2024. The Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship.

Chairman: Judge Dutton

Date: 20 August 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. 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.