56 Centurion Court, 83 Camp Road, St. Albans, Herts AL1 5JN CAM/26UG/MNR/2025/0653
REASONS
[1]The First Tier Tribunal received an application, before the effective start date of the new rent sought, from tenants 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 6 February 2025, proposed a new rent of £1105.05 per calendar month exclusive, with effect from and including 1 April 2025. This rent does not include other services. The Notice also referred to a charge for water, in addition to the rent, of £21.87pcm.[3]The tenancy is an assured periodic calendar monthly tenancy with effect from and including 6 November 2023. A copy was provided.[4]The rent payable from up to and including 3 April 2025 was said to be £1076 per calendar month plus an existing charge for water of £20.10 pcm. No furniture or services were included. The landlord provided white goods. The let included carpets and curtains. Directions[5]Directions, dated 3 April 2025 for the progression of the case, were issued by Legal Officer Laura Lawless. Neither party asked for a hearing. Inspection[6]There was no inspection. The Property is a two bedroom, one bathroom flat with living room, kitchen. It is on the second floor of a small low rise block on 3 levels dating from the 2000’s. There is a passenger lift to all levels. There are communal gardens (Google Streetview August 2024). The front elevation is of brick walls, part rendered, flat roof. It has electric storage heaters, and double glazing.[7]The tenant has experienced problems with the lift in December 2023. There is no information on continuing problems with the lift service at present. It is set within a relatively newly established residential area in the town. Tenants’ and Landlord’s Representations[8]The tenants provided written submissions via the Application Form, and the completed standard Reply Form. The tenant referred to the various problems at and around December 2023 with the lift service, that had taken the landlord quite a while to complete, partly owing to spares said to have been coming from another country.[9]The landlord maintained that they had carried out works on request but that often there were complications. A copy of in the incoming condition record at the start of the tenancy (late 2023) which dealt with the Property itself rather than the common areas was provided. It showed that the condition was essentially satisfactory. There was no separate service charge. The landlord made a quite separate charge for water, each month.[10]The Tribunal is grateful for such information as was provided by both parties in the application and standard Reply Forms. Law[11]In accordance with the terms of S.14 of the Act 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 tenant’s improvements and any decrease in value due to the tenant’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[12]From the Tribunal’s own general knowledge of market rent levels in St. Albans it determines that the subject property would let on normal Assured Shorthold Tenancy (AST) terms, for £1500 per calendar month, fully fitted and in good order.[13]From the representations; it found however that the Property did not suffer from current disrepair to the flat itself and to communal areas. The difficulty from the failing lift provision now appeared to be at an end and historic only. The Tribunal therefore makes no deduction from the starting figure. The new rent will be therefore be £1500 pcm. The tenant will be charged separately and addition for water at £21.83 pcm.[14]Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure. Chairman N Martindale FRICS Date 27 May 2025 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).