8 Alston Road, Edmonton, London N18 2LB LON/OOAK/MNR/2024/0614

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/OOAK/MNR/2024/0614
Between
Mr Waheedullah SalimeeApplicantFiley Properties GR LimitedRespondentMr Waheedullah SalimeeTenantFiley Properties GR LimitedLandlord
Before
Mr D Jagger MRICSMr O MillerDate 3 February 2025Property: 8 Aliston Road, Edmonton, London, N18 2LB

DECISION

The Tribunal determines a rent of £1,870 per calendar Month with effect from 24 August 2024. ____________________________________ © CROWN COPYRIGHT 2023 SUMMARY REASONS Background[1]On the 23 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,193.97 per month in place of the existing rent of £1,894.79 per month to take effect from 24 August 2024.[2]The Tenants application is dated the 12 August 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[4]The Tribunal has consideration of the written submissions provided by the Tenant together with photographs, the tenancy agreement and three short videos. The Landlord did not provide any written evidence. The Inspection[5]The Tribunal members inspected the property on the 3 February 2025 in the presence of the tenant and his family. The property is a Victorian mid-terrace three-bedroom house located in an established road with rear garden. The property is suffering from chronic damp and associated mould to most rooms. The Tenant has recently completed redecoration of the rooms, but already the damp staining is reappearing. The level of mould in the photographic evidence could certainly be considered a health hazard. It is a microscopic fungus that grows in damp places and can cause respiratory illness. The cause of the damp and mould is usually a mixture of the tenants lifestyle and defects to the fabric of the building such as blocked gutters, rising damp to the brickwork and damaged flat roof. Determination and Valuation[6]Firstly, having consideration of our expert, general knowledge of rental values in the Edmonton area, The Tribunal considers 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 £2,2o0 per month.[7]The Tribunal now needs to adjust this rent to allow for the damp and mould to the internal walls, dated fittings and dilapidated flat roof over the ground floor bathroom. Using its own expertise the Tribunal considers that a deduction of £330 (approximately 15%) should be applied. This reduces the rental figure to £1,870 per month. Decision[8]The Tribunal therefore determines 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 is £1,870 per calendar month.[8]The Tribunal directs the new rent of £1,870 per month to take effect on the 24 August 2024. This being the date set out in the Landlord’s Notice of Increase. Chairman: Duncan Jagger MRICS Date: 3 February 2025 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 --- 1 Case Reference : LON/OOAK/MNR/2024/0614 Property : 8 Alston Road, Edmonton, London N18 2LB Tenant : Mr Waheedddullah Salimee Landlord : Filey Properties GR Limited Date of Objection : 12 August 2024 Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr D Jagger MRICS Mr O Miller Date of Summary Reasons : 3 February 2025 _______________________________________________ DECISION The Tribunal determines a rent of £1,870 per calendar Month with effect from 24 August 2024. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 © CROWN COPYRIGHT 2023 SUMMARY REASONS Background[1]On the 23 July 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2,193.97 per month in place of the existing rent of £1,894.79 per month to take effect from 24 August 2024.[2]The Tenants application is dated the 12 August 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[4]The Tribunal has consideration of the written submissions provided by the Tenant together with photographs, the tenancy agreement and three short videos. The Landlord did not provide any written evidence. The Inspection[5]The Tribunal members inspected the property on the 3 February 2025 in the presence of the tenant and his family. The property is a Victorian mid- terrace three-bedroom house located in an established road with rear garden. The property is suffering from chronic damp and associated mould to most rooms. The Tenant has recently completed redecoration of the rooms, but already the damp staining is reappearing. The level of mould in the photographic evidence could certainly be considered a health hazard. It is a microscopic fungus that grows in damp places and can cause respiratory illness. The cause of the damp and mould is usually a mixture of the tenants lifestyle and defects to the fabric of the building such as blocked gutters, rising damp to the brickwork and damaged flat roof. Determination and Valuation[6]Firstly, having consideration of our expert, general knowledge of rental values in the Edmonton area, The Tribunal considers 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 £2,2o0 per month.[7]The Tribunal now needs to adjust this rent to allow for the damp and mould to the internal walls, dated fittings and dilapidated flat roof over the ground floor bathroom. Using its own expertise the Tribunal considers that a deduction of £330 (approximately 15%) should be applied. This reduces the rental figure to £1,870 per month. 3 Decision[8]The Tribunal therefore determines 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 is £1,870 per calendar month.[8]The Tribunal directs the new rent of £1,870 per month to take effect on the 24 August 2024. This being the date set out in the Landlord’s Notice of Increase. Chairman: Duncan Jagger MRICS Date: 3 February 2025 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.