Rm, at 33 Beech Avenue London W3 7JY LON/00AJ/MNR/2025/0793
REASONS
[1]1 The First Tier Tribunal received an application dated 12 April 2025 from the tenant 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]2 The notice, dated 4 April 2025, proposed a new rent of £956 per calendar month (including all bills) with effect from and including 7 May 2025. The passing rent was said to be £891 pcm.[3]2 3 The tenancy is an assured periodic weekly tenancy. A copy of the last tenancy agreement was provided. It ran from 7 April 2024.[4]4 Directions dated 3 July 2025 were issued representations on the substantive issue of the new rent. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.[5]5 The Tribunal carefully considered and noted such representations as it received from both parties and the location layout size and condition of the Property and other available and let comparable properties nearby.[7]6 The Property is one room within a purpose 4 bedroom flat, itself within a purpose built block of 1930’s flats on 4 levels within an established residential estate of similar blocks within LB Ealing. Accommodation is on one level, 4 bedrooms, shared bathroom/wc, reception room, kitchen, and external areas. The building has fair faced brick external walls and a flat roof over. (Google Streetview September 2022).[8]7 The Tribunal assumes that Property and furniture in the exclusive and shared areas were let in fair to good condition and that all services provided are reliable and of a modern specification for the market.[10]8 In accordance with the terms of S14 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 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; assuming it to be in reasonable internal decorative condition. Decision[11]9 Based on the Tribunal’s own general knowledge of market rent levels in LB Ealing determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £950 per calendar month (including all bills for reliable services provision at and to the Property), fully fitted and in good order.[12]10 The new rent will therefore be £950 per calendar month with effect from 7 May 2025. The Landlord is not obliged to charge this sum and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation. They may not however, charge a rent in excess of it.[13]Name: N. Martindale FRICS Date: 28 August 2025[16]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.[17]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.[18]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).[19]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.[20]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.[21]If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).