19 Camplin Street, Lewisham London SE14 5QY LON/00AZ/MNR/2025/0752
REASONS
[1]1 The First Tier Tribunal received an application (undated) on 20 March 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 17 February 2025, proposed a new rent of £201.73 per week (including £7.67 per week as fixed service charge), with effect[3]2 from and including 7 April 2025. The passing rent was said to be £188.96 per week.[4]3 The tenancy is an assured periodic weekly tenancy. A copy of the last tenancy agreement was provided. It ran from 1 December 1995.[5]4 Directions were issued for the parties to make representations on whether the notice was valid because a rent review provision was said to be included in the tenancy from 1995. The tenants were holding over and had been for decades since. Neither side made representations on the validity of the notice however, nor otherwise unprompted on the substantive issue of the new rent. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.[6]5 The Tribunal received an initial application. The Tribunal did not send out its standard Reply Form to both landlord and tenant as the aspect of jurisdiction was in question.[7]6 The Tribunal carefully considered and noted such representations as it received from both parties regarding the validity of the notice, which were none. At the same time it also considered the location layout size and condition of the Property and other available and let comparable properties in the location.[9]7 The Property is a purpose built terraced house from the late Victorian period in a street of the same houses in an established residential area of LB Lewisham. Accommodation appears to be on up to 2 levels, 3 bedrooms, bathroom/wc, 2 reception rooms, kitchen front yard, rear garden no off street parking. The building has fair faced brick external walls and slated double pitched main roof over. There is no double glazing as at 2008. (Google Streetview June 2008). There is full central heating.[10]8 The Tribunal assumes that it was let without curtains, carpets or other floor finishes or white goods as is usual with Housing Association landlords. The Property was assumed to have a functional but basic kitchen and bathroom. Otherwise as at 2008 it appeared in fair to good condition to the front elevation.[12]9 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;[13]3 but assuming that the Property to be in a reasonable internal decorative condition. Decision[14]10 Based on the Tribunal’s own general knowledge of market rent levels in LB Lewisham it determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £500 per week (including a fixed service charge of £7.67 pw), fully fitted and in good order. However the Tribunal makes a deduction of £100 pw for the apparent lack of provision by the landlord of curtains, carpets, white goods and double glazing, with functional but by now, an assumed basic kitchen and bathroom provision.[15]11 The new rent will therefore be £400 per week with effect from 7 April 2025, including the fixed service charge of £7.67 per week. 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]Name: N. Martindale FRICS Date: 27 August 2025[18]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.[19]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.[20]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).[21]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.[22]4 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.[23]If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).