46 King Edwards Road Ponders End, Enfield Middx EN3 7DB LON/00AK/MNR/2025/0800
REASONS
[1]1 The First Tier Tribunal received an application dated 9 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 14 March 2025 proposed a new rent of £1650 per calendar month with effect from and including 14 May 2025. The passing rent was said to be £1460 pcm.[3]2 3 The tenancy is an assured periodic monthly tenancy. A copy of the last tenancy agreement was provided. The former tenancy ran from 14 May 2024, for 1 calendar year, it then expired, the tenant holding over.[4]4 Directions were issued for 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 a 2 bedroom mid terraced Edwardian 1900’s house, of living room, kitchen, bathroom wc, central heating but, no double glazing. Brick fair faced front wall and double pitched tiled roof (Google Streetview January 2022). In an established residential area, of houses some converted to flats. No off road parking and on street restrictions.[8]7 No furniture. Landlord provided white goods, carpets and curtains.[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 Enfield determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £1850 per calendar month fully fitted and in good order. The Tribunal, from the evidence available, found that the Property lacked double glazing for which the Tribunal makes a deduction of £200, leaving £1650 pcm.[12]10 The new rent will therefore be £1650 per calendar month with effect from the effective date in the Landlord’s Notice 14 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.[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).