Flat 413 TRS Apartments, The Green, Southall, UB2 4FE: LON/00AJ/MNR/2024/0309
Residential Property Tribunal Decision of Judge N O’Brien and Tribunal Member A Flynn MA MRICS on 24 September 2024 Date
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Case Reference : LON/00AJ/MNR/2024/0309 Property : Flat 413 TRS Apartments, The Green, Southall, UB2 4FE Tenant : Ms Valeria Borbas Landlord : TRS Apartments Ltd Type of Application : Section 14 Housing Act 1988
Tribunal : Judge N O’Brien Tribunal Member A Flynn MA MRICS Date of Summary Reasons : 24 September 2024
DECISION The Tribunal determines a rent of £1,700 per calendar month with effect from 17 June 2024 ____________
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SUMMARY REASONS
Background 1. On 25 April 2024, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £ 1,700 per calendar month in place of the existing rent of £ 1,430 per calendar month take effect from 17 June 2024.
- On 30 May 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.
Inspection 3. The Tribunal has carried out an inspection of the property on 23 September 2024 in the presence of the tenant and her daughter. The landlord was not present.
Evidence 4. The Tribunal has considered the written submissions and photographs provided by the Tenant. There were no written submissions from the landlord.
Determination and Valuation 5. Having consideration of the comparable evidence proved by the parties and of our own expert general knowledge of rental values in the immediate location and the area in general, we consider that the open market rent for the property in good tenantable condition would be in the region of £1,850 per calendar month. From this level of rent we have made adjustments in relation to the general state of repair of the property. In particular we noted that the window in the second bedroom was faulty and would not open properly.
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The full valuation is shown below: Market Rent £1,850 pcm
Less List any deductions • Disrepair to window approx. 7.5% % (£138.75)£1711.25, say £1,700
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The Tribunal determines a rent of £1,700 per calendar month.
Decision 8. The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in its current state in the open market by a willing Landlord under an assured tenancy was £1,700 per calendar month.
- The Tribunal directs the new rent of £1,700 per calendar month to take effect on 17 June 2024, this being the date as set out in the Landlord’s Notice of Increase. The Applicant has not supplied the tribunal any financial information which would lead the tribunal to conclude that she will suffer undue hardship if the new rent applies from that date.
Chairman: N O’Brien Date: 23 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 request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.
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