Bartlomiej Krzysztof (Tenant)ApplicantMr S Mubarak (Landlord)RespondentBARTLOMIEJ KRZYSZTOFTenantMR S MUBARAKLandlord
Before
J. A. Naylor FRICS FIRPMDate 3 February 2025Property: ROOM 4 FF Front, 116DOWNHILLS PARK ROAD, LONDON, N17 6NY
DECISION
[1]OF A MARKET RENT UNDER S 13 AND 14 OF THE HOUSING ACT 1988
REASONS
[1]On 27 September 2024 the landlord served a Notice under Section 13(2) of the Housing Act 1988 proposing an increase in the rent of the above property from the passing rent of £525.00 per month to £700.00 per month.[2]On 24 October 2024 the tenant made an application to the Tribunal for the determination of a market rent.[3]The original tenancy was believed to have begun 28th October 2018[4]The tenant occupies the property by way of an Assured Periodic Tenancy.[5]By way of a letter dated 13 December 2024, the Tribunal issued directions. These required the landlord to provide details of evidence on which they wished to rely by way of reply by 3 January 2025. The tenant was directed to do the same by 17 January 2025 and the landlord was given until 24 January 2025 for his response thereto.[6]Both parties took the opportunity to make submissions.[7]In consideration of the Market rental value of the subject property, the Tribunal has taken into consideration all documentation before it, including various letters and the any reply forms returned by the parties.[8]By way of submissions, the tenant states that the property is overcrowded and should be licensed as an HMO. The tenant confirms that the tenancy included a bed, wardrobe, coffee table and chest of drawers and states that three households share a bathroom and kitchen in what was originally built as a three bedroom / two reception room house now used as three bed sitting rooms.In addition, the tenant has provided photographs of the kitchen and bathroom areas for reference.[9]In the landlord’s Reply form the landlord states that he does not require an inspection or a hearing and otherwise completed the form as if it related to the building as a whole rather than the specific property which is one room therein. This was no useful to the Tribunal .The reply form states that the property has central heating, double glazing, white goods, carpets and curtains and the 3 tTribunal is left to make the assumption thtathis includes Room 4 . However the landlord provides no comparable evidence or details of the rent that the landlord believes the property could let for.[10]On 31 January 2025, on the basis of paper submissions and without a hearing, the Tribunal determined the Market rent of the above property at £700.00 per month. The Law[11]When determining a market rent in accordance with the Housing Act 1988 Section 13 regard must be had to all of the circumstances (other than personal circumstances) including the age, location and state of repair of the property, matters contained within the rent, repairing obligations, etc. This means that issues such as the tenant’s ability to pay the rent or bills associated with the property are not a consideration for the tribunal in assessing the rent. Valuation[12]Following consideration of the written and photographic submissions given by both parties and taking into account the Tribunal’s knowledge and experience of the rental market in North london, the Tribunal finds that the market rental value of the property, in good condition, would be £700.00 per month.[13]The Tribunal has no evidence before it relating to the condition of the property and, therefore, makes no deductions from the market rent. Hardship[14]No representations relating to hardship have been made by the tenant. Chairman: J. A. Naylor FRICS FIRPM Valuer Chairman Date: 5 February 2025 4 ANNEX OF RIGHTS FOR MARKET RENTS 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 might have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with this case The application for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the Decision to the person making the application. 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. Any appeal in respect of the Housing Act 1988 should be on a point of law. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).