Tribunal Sets New Rent of £1050 for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. CHI/45UH/MNR/2024/0171

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] Mr [RESPONDENT]

Landlord Ms [RESPONDENT] 47 [ADDRESS], [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 1050.00 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 August 2024

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 1 December 2019

5. Length of the term or rental period 6 months

6. Allocation of liability for repairs Landlord

7. Furniture provided by landlord or superior landlord n/a

8. Description of premises First floor flat, one living room, one bedroom, one kitchen, one WC, and one bathroom

[NAME] of Decision 14 October 2024

1

Case Reference

: CHI/45UH/MNR/2024/0171

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] of Objection : 29 July 2024

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

Tribunal

: R [NAME] [NAME] of Summary Reasons

: 14 October 2024

© CROWN COPYRIGHT 2024

_______________________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

DECISION

The Tribunal determines a rent of £1050.00 per calendar month with effect from 1 August 2024. ____________________________________

SUMMARY REASONS

Background 1. On 30 June 2024 the Landlord served a notice under Section 13 of the Housing Act 1988 which proposed a new rent of £1050.00 per month in place of the existing rent of £900.00 per month to take effect from 1 August 2024.

2. On 29 July 2024 under Section 22 (1) 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 Tribunal is satisfied that the Tenant intended to make a Section 13 application, and all the elements of the Section 13 application were in place and so the Tribunal accepts the application as a section 13 application.

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 either the Landlord or the Tenant. From the Application form the property is a one bedroom first floor flat, with a bathroom / WC and a living room.

Determination and Valuation 5. There was no rental evidence from the parties and so the tribunal used 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 £1050.00 per calendar month.

6. The Tribunal determines a rent of £1050.00 per calendar month.

Decision 7. 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 £1050.00 per calendar month.

8. The Tribunal directs the new rent of £1050.00 per calendar month to take effect on 1 August 2024, this being the date as set out in the Landlord’s Notice of Increase.

3 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.