Tribunal Upholds Landlord's Proposed Rent Increase

OUTCOME: Dismissed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00BG/MNR/2024/0605

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]

Mr N [NAME]

Landlord [APPELLANT]

[APPELLANT] [NAME]

1. The rent is: £ 2150 Per pcm

2. The date the decision takes effect is: 28 November 2024

*3. The amount included for services is nil Per Calendar month

*4. Service charges are variable and are not included n/a

5. Date assured tenancy commenced April 2023 rolling

6. Length of the term or rental period Calendar monthly periodic

7. Allocation of liability for repairs Per tenancy

8. Furniture provided by landlord or superior landlord Sofa, centre table, dining table, desk

9. Description of premises Purpose Built second floor flat 2000’s in block of similar. Located in Bow. Block is low rise 4 residential levels. Brick wall steel glass finishes, flat roof assumed. Property is living room/ kitchen, 2 bedrooms, bath/wc. Double glazed windows central heating.. The Landlord may charge a rent up to but, not in excess of the figure shown at box 1.

Chairman N [NAME] of Decision 19 March 2025

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BG/MNR/2025/0605 Property : [ADDRESS] [POSTCODE] Applicant: [redacted] : None Respondent : [redacted] Representative : [COUNSEL] J. [COUNSEL] (Agent) Type of Application : Section 13(4) Housing Act 1988 Tribunal Members :

[NAME] [NAME] and venue of Hearing : 10 [ADDRESS] [POSTCODE] Date of Decision : 19 March 2025

REASONS FOR DECISION

Background

1 The First Tier Tribunal received an application dated 13 November 2024 from the [APPELLANT] of the Property, regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).

2 The notice, dated 14 October 2024, proposed a new rent of £2150 per calendar month, with effect from and including 28 November 2024. The passing rent was said to be £1595 per calendar month.

2 3 The tenancy is an assured shorthold periodic monthly tenancy. A copy of the last tenancy agreement was provided and was rolling on from April 2023 the initial term having expired.

4 Directions were issued 23 January 2024. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.

5 The Tribunal received an initial application. The Tribunal sent out its standard Reply Form to both landlord and [APPELLANT]. The Tribunal received no response from either party.

Property

6 The Property is a c.2010’s new build part of a larger purpose built block of flats to 4 levels, plus basement. Brick fair faced external walls, metal and glass. Accommodation in the Property on the third level, comprised 2 bedrooms, living room/ kitchen and bathroom/ wc. There was double glazing, central heating, white goods, and furniture included sofa, tables and a desk and floor coverings.

7 The Tribunal had regard to Google Streetview (data capture July 2022). Neither party referred the Tribunal to similar properties let or to let.

Law

8 In accordance with the terms of S.14 of the Housing Act 1988 we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to [APPELLANT]’s improvements and any decrease in value due to the [APPELLANT]’s failure to comply with any terms of the tenancy. Thus the Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition.

Decision

9 Based on the Tribunal’s own general knowledge of market rent levels in Bow it determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £2,150 per calendar month, fully fitted and in good order and makes no deductions. The rent of this Property is therefore determined at £2,150 pcm.

10 The new rent will take effect from and including 28 November 2024, the effective start date given in the landlord’s Notice. As the Form of Determination states: The Landlord is not obliged but, may charge a rent up to but, not in excess of, the figure shown at box 1; £2,150 pcm.

Name: [NAME]: 19 March 2025

3

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision.

Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013).

If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit.

The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case number), state the grounds of appeal and state the result the party making the application is seeking.

If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).