Automated Summary
Key Facts
The First-tier Tribunal Property Chamber (Residential Property) determined the market rent for a 2-bedroom flat at 17 Elder Lodge, Talbot Close, Mitcham CR4 1FG. The application (LON/00BA/MNR/2021/0117) was submitted by tenants Sitta & Romeo Dayi against landlord Notting Hill Genesis on 2021-05-24, seeking a rent assessment under Section 14 of the Housing Act 1988. The Tribunal concluded the market rent as of 2021-06-01 is £1300 per month, based on a remote paper hearing (P:PAPERREMOTE) due to limited comparables and property condition considerations.
Issues
The tribunal was required to determine the market rent for the subject property under Section 14 of the Housing Act 1988. The key issue was assessing the rent at which the property might reasonably be expected to be let on the open market, disregarding any tenant improvements. After considering comparables and market conditions, the tribunal set the market rent at £1300 per month effective from 1st June 2021.
Holdings
The tribunal determined the market rent for the subject property as £1300 per month as at 1st June 2021, based on section 14 of the Housing Act 1988. The decision disregards any tenant improvements and sets a ceiling on the rent chargeable by the landlord. This follows a remote paper hearing where the tribunal assessed comparables on the same estate and considered market conditions.
Remedies
The tribunal determined the market rent for the subject property at £1300 per month, effective from 1st June 2021, setting a ceiling on the rent the landlord may charge. This decision does not prevent the parties from agreeing to a lower rent as proposed in the landlord's notice.
Legal Principles
The tribunal applied Section 14 of the Housing Act 1988 to determine the market rent, disregarding the effect of any relevant tenant's improvements as defined in section 14(2) of the Act.
Cited Statute
- Housing Act 1988
- Landlord and Tenant Act 1985
Judge Name
Mark Taylor
Passage Text
- In accordance with the terms of section 14 Housing Act 1988 the Tribunal proceeded to determine the rent at which it considered that the subject property might reasonably be expected to be let on the open market by a willing landlord under an assured tenancy.
- In coming to my decision, I had regard to my own general knowledge of market rent levels in the area. The best comparables are those on the same estate or nearby which are limited and, in some instances, difficult to judge comparable due to potential differences in specification. Albeit that there is noevidence of any defects or disrepair at the subject property it is still likely to be at a discount compared to newly refurbished properties. Doing the best, I can with the limited information before me I determine the open market rent of the subject property at £1300 per month.
- I concluded that the rent at which the property might reasonably be expected to be let on the open market would be £1300 per month.