6 Edinburgh Road E13 9HS LON/00BB/MNR/2023/0398
DECISION
The Tribunal determines a rent of £1430 per calendar month with effect from 29 January 2024. ____________________________________ © CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 SUMMARY REASONS Background[1]On 24 August 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1500 in place of the existing rent of £ 1280 per month to take effect from 1 October 2023.[2]On 19 September 2023 under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. Inspection[3]The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties. Evidence[4]The Tribunal has consideration of the written submissions provided by the Tenant. There were no written submissions from the landlord. Determination and Valuation[5]Neither party produces any comparables but from our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property if in very good condition would be in the region of £2200 per calendar month. From this level of rent we have made adjustments in relation to: Internal damp penetration, blown plasterwork, mould, the age of the bathroom and kitchen.[6]The full valuation is shown below: per calendar month Market Rent £2200 Less Deductions for ) internal damp penetration ) blown plasterwork ) approx. 35% mould ) the age of the bathroom and kitchen. ) £770 £1430[7]The Tribunal determines a rent of £1430 per calendar month. 3 Decision[8]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1430 per calendar month.[9]The Tribunal directs the new rent of £1430 to take effect on 29 January 2024 as the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would cause the tenant undue hardship. In the Directions of 27 October 2023, the 29 January 2024 was the latest date upon which the tribunal intended give its decision (see Direction B). Further delay in this matter was caused by the tenant not initially providing a Reply Form and therefore it would be unjust for any suspension of the new rent to continue beyond 29 January 2024. Chairman: Mr Charles Norman FRICS Date: 30 March 2024 APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any subsequent application for permission to appeal should be made on Form RP PTA.