35 Harmony Close, London NW11 0JJ LON/OOAC/MNR/2024/0260
DECISION
The Tribunal determines a rent of £1,200 per calendar Month with effect from 1 May 2024. ___________________________________ © CROWN COPYRIGHT 2023 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 SUMMARY REASONS Background[1]On the 30 March 2024 the Social Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £742.24 per month in place of the existing rent of £685.97 per week to take effect from 1st May 2024. Such rent, includes a sum of £288.79 for services which include communal garden, laundry and communal heating and hot water. The Tribunal were provided with a copy of the tenancy agreement which commenced on the 1 April 2022.[2]On the 17th April 2024 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. Evidence[3]Following Directions prepared by the Tribunal on the 26th July 2024. The parties completed the Reply Forms. Determination and Valuation[4]Having consideration of our own expert general knowledge of rental values in the Golders Green area, we consider that the open market rent for the property if it were in good marketable condition with reasonably modern kitchen and bathroom, modern services, carpets and curtains and white goods supplied by the landlord would be £1250 per week[5]From this level of rent we have made adjustments in relation to: limited white goods, which equates to approximately £50. Decision[6]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 in its current condition was £1,200 per calendar month. 7.The Tribunal directs the new rent of £1,200 per month to take effect on the 1st May 2024. This, being the date set out in the Landlord’s Notice of Increase and the Tribunal was satisfied that a starting date of that specified in the Landlord’s notice would not cause the tenant undue hardship. 3[8]It is often the case that market rents are in excess of those that maybe charged by social landlord’s as it is a significant part of their remit to provide affordable housing. As such depending on the type of tenancy agreement their calculation of rent is either at a percentage of market rent or by way of index. Comparison is made with the open market rather than limited to other properties which are offered by social housing providers. It is assumed that the landlord will by usual convention of social landlord’s not seek to increase the rent proposed in its original notice as a result of this determination. Chairman: Duncan Jagger MRICS Date: 24 September 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. --- decision_2.pdf --- MR22 First-tier Tribunal – Property Chamber File Ref No. FR/LON/00AC/MNR/2024/0260 Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination) Housing Act 1988 Section 14 Address of Premises The Tribunal members were 35 Harmony Close, London, NW11 0JJ Mr D Jagger MRICS Landlord Jewish Community Housing Association Limited Address Harmony Close, Princes Park Avenue, London, NW11 0JJ Tenant Ms Yuen Kwan So[1]The rent is: £ 1200 Per Month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 1st May 2024 *3. The amount included for services is not applicable 288.79 Per Month *4. Service charges are included Date assured tenancy commenced 1st April 2022[6]Length of the term or rental period Statutory Tenancy[7]Allocation of liability for repairs In accordance with agreement[8]Furniture provided by landlord or superior landlord None[9]Description of premises A ground floor studio floor flat forming part of a 67 unit sheltered housing scheme with communal gardens, communal heating system, laundry room. Chairman D Jagger MRICS Date of Decision 24 September 2024