[2024] UKUT 00276 (LC)

The appellant is the tenant of Flat D, which is a converted First Floor Flat within a substantial 4-storey building, probably dating from before 1914. The building overlooks open ground to the rear towards the sea but faces onto a busy road within an established residential area. The tenancy began on 1 July 2021. It is not in dispute that in order to raise the rent for the flat the landlord must comply with section 13 of the Housing Act 1988 by serving notice on the tenant in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy. Section 13(4) says that where such a notice is served the proposed new rent takes effect unless, before the date of the new period of the tenancy, the tenant refers the notice to the FTT. Section 14 says that if the tenant does so, the FTT is to determine the market rent for the property, on certain assumptions and disregarding a number of factors which are not relevant to this appeal.

On 9th March 2024 the respondents served a notice under Section 13 of the Housing Act 1988 which proposed a new rent of £1,050 per month in place of the existing rent of £900 per month to take effect from 1st May 2024. The appellant applied to the FTT for a determination of the market rent under section 14.

The FTT’s decision set out the current rent and proposed new rent, and explained that neither the landlord nor the tenant had requested a hearing, and that it had decided the matter on the papers without inspecting the property. It summarised the evidence received from the parties and said this:

“21.

Having carefully considered the representations from the parties and associated correspondence, and using its own judgement and knowledge of rental values in the Folkestone area, the Tribunal decided that the market rent for the subject property if let today in a condition that was usual for such an open market letting would be £1,100 per month.

22.

The Tribunal considers that this market rent should be reduced to reflect the absence of a fridge or washing machine, the dated Bathroom and general disrepair as described by the Tenant.

23.

Using its experience the Tribunal decided that the following adjustments should be made:

Lack of some white goods provided by Landlord’s £20

Dated bathroom £25

General disrepair £45

TOTAL per month £90”

Accordingly it determined the rent at £1,050 per month.