Flat 42 Maitland House, Bishops Way, London E2 9HT LON/00BG/MNR/2024/0664
REASONS
[1]The First Tier Tribunal received an application dated 27 September 2024 from tenants of the Property, regarding notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).[2]The notice, dated 30 August 2024, proposed a new rent of £1900 per calendar month, with effect from and including 1 October 2024. The passing rent was said to be £1550 per calendar month.[3]The tenancy is an assured shorthold periodic monthly tenancy. A copy of the last tenancy agreement was provided and was rolling on from September 2023 the initial term having expired.[4]Directions were issued 23 January 2025. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.[5]The Tribunal received an initial application. The Tribunal sent out its standard Reply Form to both landlord and tenant. The Tribunal is grateful for information received from the parties. Property[6]The Property is a c.1950’s built flat, part of a larger purpose built block of flats to 5 levels. Brick fair faced external walls, metal windows which appeared single glazed. Accommodation in the Property on the third level, comprised 2 bedrooms, living room/ kitchen and bathroom/ wc. The furniture provided by the landlord initially had been replaced by the tenant’s own over the years.[7]The Tribunal had regard to Google Streetview (data capture July 2022). Neither party referred the Tribunal to similar properties let or to let. Law[8]In accordance with the terms of S.14 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 the Property to be in a reasonable internal decorative state. Decision[9]Based on the Tribunal’s own general knowledge of market rent levels in Tower Hamlets it determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £1,900 per calendar month, fully fitted and in good order and makes no deductions. The rent is therefore determined at £1,900 pcm.[10]The new rent will take effect from and including 1 October 2024, the effective start date given in the landlord’s Notice. As the Form of Determination states: The Landlord is not obliged but, may charge a rent up to but, not in excess of, the figure shown at box 1; £1,900 pcm. Name: N. Martindale Date: 19 March 2025 Rights of appeal 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. 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. 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). 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. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). --- decision_2.pdf --- © CROWN COPYRIGHT 2013 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BG/MNR/2024/0664 Property : Flat 42 Maitland House, Bishops Way, London E2 9HT Applicant : Mohamed Azizul Islam & Nasita Akther (Tenants) Representative : None Respondent : Estate of Dr Cohan Rajan (Landlord) Representative : None Type of Application : Section 13(4) Housing Act 1988 Tribunal Members : N Martindale FRICS Date and venue of Hearing : 10 Alfred Place London WC1E 7LR Date of Decision : 19 March 2025 REASONS FOR DECISION Background[1]The First Tier Tribunal received an application dated 27 September 2024 from tenants of the Property, regarding notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).[2]The notice, dated 30 August 2024, proposed a new rent of £1900 per calendar month, with effect from and including 1 October 2024. The passing rent was said to be £1550 per calendar month. 2[3]The tenancy is an assured shorthold periodic monthly tenancy. A copy of the last tenancy agreement was provided and was rolling on from September 2023 the initial term having expired.[4]Directions were issued 23 January 2025. Neither party requested a hearing. The Tribunal does not routinely carry out inspections.[5]The Tribunal received an initial application. The Tribunal sent out its standard Reply Form to both landlord and tenant. The Tribunal is grateful for information received from the parties. Property[6]The Property is a c.1950’s built flat, part of a larger purpose built block of flats to 5 levels. Brick fair faced external walls, metal windows which appeared single glazed. Accommodation in the Property on the third level, comprised 2 bedrooms, living room/ kitchen and bathroom/ wc. The furniture provided by the landlord initially had been replaced by the tenant’s own over the years.[7]The Tribunal had regard to Google Streetview (data capture July 2022). Neither party referred the Tribunal to similar properties let or to let. Law[8]In accordance with the terms of S.14 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 the Property to be in a reasonable internal decorative state. Decision[9]Based on the Tribunal’s own general knowledge of market rent levels in Tower Hamlets it determines that the subject Property would let on a normal Assured Shorthold Tenancy (AST) terms, for £1,900 per calendar month, fully fitted and in good order and makes no deductions. The rent is therefore determined at £1,900 pcm.[10]The new rent will take effect from and including 1 October 2024, the effective start date given in the landlord’s Notice. As the Form of Determination states: The Landlord is not obliged but, may charge a rent up to but, not in excess of, the figure shown at box 1; £1,900 pcm. Name: N. Martindale Date: 19 March 2025 3 Rights of appeal 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. 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. 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). 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. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).