Room 3, 31b Alto, Sillavan Way, Salford, Manchester, M3 6GB: MAN/00BN/MNR/2021/0003 MAN/00BN/MNR/2021/0003

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No MAN/00BN/MNR/2021/0003
Sebastian GollinsApplicantAnthony WaughRespondentSebastian GollinsTenantAnthony WaughLandlord
Ms Jaqueline WhiteMs Susan Diane LathamDate 10 May 2021Property: Room 3, 31b Alto, Sillavan Way, Salford, Manchester, M3 6GB

DECISION

[1]The rent is: £ 767.50 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 26 December 2020 *3. The amount included for services is See Note 9 Per *4. Service charges are variable and are not included – See Note 9[5]Date assured tenancy commenced 26 October 2017[6]Length of the term or rental period Monthly[7]Allocation of liability for repairs Section 11 of the Landlord and Tenant Act 1985[8]Furniture provided by landlord or superior landlord Includes bed, chest of drawers and 2 side tables. Shared kitchen, chairs 2 sofas[9]Description of premises One en-suite bedroom on the fifth floor in a 3 bedroomed shared house. Exclusive use of bedroom shared communal kitchen with dining and living area. 1 shared bathroom. No gardens. Note *3 and 4: Rent is inclusive of fixed costs for utilities and electricity, heating and hot water, internet, council tax. The Tribunal has allowed electricity (£35), internet (£10), council tax (£70) water rates (£12.50) totalling £82.50. In accordance with S 14 (1) Housing Act 1988 and s18 of the Landlord and tenant Act 1985 market rent is assessed as £850 with the £82.50 assessed for water rates and council tax excluded providing a net amount of £767.50 (£767.50 + £82.50=£850 payable by tenant). Note: The tenant claims that Clause 2.5 of the tenancy agreement is a rent renewal clause and so the Tribunal does not have jurisdiction. S 13 (1) (a) Housing Act 1988 confers jurisdiction at the Tenancy is now a statutory periodic tenancy. The Fixed terms having come to an end. The Landlord claims that the tenancy has come to an end, having issued a “Notice to Vacate”. It is unclear what this refers to. They require an order of possession and warrant of eviction or notice by the tenant to end the tenancy. The tenant denies that the tenancy has ended. Chairman Ms Jaqueline White Date of Decision 10 May 2021