First-tier Tribunal Sets Assured Tenancy Rent Based on Written Submissions

OUTCOME: Allowed in Part

MR22 First-tier Tribunal – Property Chamber File Ref No. CHI/21UD/MNR/2023/0139

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were TFF, [ADDRESS], St. Leonards-on-Sea, East Sussex, [POSTCODE]

[NAME] Mr [RESPONDENT] Mr [RESPONDENT]

Landlord Mr [RESPONDENT] [ADDRESS], St. Leonards-on-sea, East Sussex, [POSTCODE]

Tenant Mr [APPELLANT]

1. The rent is: £ 850.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 25 May 2023

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 25 September 2012

5. Length of the term or rental period 6 Months

6. Allocation of liability for repairs In accordance with agreement

7. Furniture provided by landlord or superior landlord None

8. Description of premises A converted third floor three bedroom flat forming part of an end of terrace Grade II Listed Regency Building.

[NAME] of Decision 17 July 2023

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CHI/21UB/MNR/2023/0139 Property : Top Floor Flat, [ADDRESS], St Leonards on Sea, East Sussex [POSTCODE] Applicant : [redacted] Representative : None Respondent : [redacted] Representative : [RESPONDENT] of application : Section 13(4) Housing Act 1988 Tribunal members : Mr [NAME] Mr [NAME] Mr [NAME] : Paper determination Date of decision : 17th July 2023 8th September 2023

AMENDED DECISION

2 1. On the 17th July 2023 the Tribunal determined a market rent of £850 per month to take effect from 25th May 2023. 2. In accordance with Rule 50 of the Tribunal Procedure (First Tier Tribunal) Rules 2013 and Practice Directions the Tribunal corrects a clerical error in section 20 of this decision.

Background 3. The case concerned the determination of a market rent for the subject property following a referral of the Landlord’s notice of increase of rent by the Tenant pursuant to sections 13 and 14 Housing Act 1988.

4. On 18th April 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,100 per month in place of the existing rent of £750 per month (set by this Tribunal following a decision dated 1st August 2022) to take effect from 25th May 2023. The notice complied with the legal requirements.

5. On 6th May 2023 the Tenant appealed to the Tribunal under Section 13(4) (a) of the Housing Act 1988.

6. The Tribunal does not consider it necessary and proportionate in cases of this nature to undertake inspections or hold Tribunal hearings unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.

7. The Tribunal issued directions on 31st May 2023 informing the parties that, unless either party objected, the Tribunal intended to determine the rent based on written representations. The parties were invited to make submissions which could include photographs or videos.

8. Both parties submitted papers by the specified dates clearly setting out their respective cases. The papers were also copied to the other party.

9. Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 12th July 2023 based on the written representations received. The Property 10. From the information given in the papers and information available on Rightmove and Google maps, the property is a converted third floor flat forming the upper floor of an end of terrace Grade II Listed Regency building in an area of similar style properties with close proximity to the town centre, railway station and the sea front.

11. The accommodation comprises living room/kitchen, 3 bedrooms bathroom and separate lavatory. The tenant states there are two bedrooms, however the floor plan provided in the bundle of documents confirms there are three bedrooms, and it is assumed the tenant uses one

3 of these as a separate living room. There is a loft space for storage purposes. 12. The property is let unfurnished with minimal floor coverings and a cooker.

Submissions 13. The assured shorthold tenancy tenancy commenced on 25th September 2012 for a term of 6 months.

14. Each party completed the Reply Forms and submitted a helpful schedule of photographs. There was also a floor plan of the property.

15. The Landlord provided a comparable of a three bedroom flat located in Marine Parade on the sea front. The details state the property is available to let at £1,300 per month. He also includes details of another flat in [ADDRESS], Hastings available at £1,250 per month. In addition, the Landlord provided a detailed list of repairs and maintenance matters undertaken to the flat during the past 12 months. It is stated, the boiler was installed 5 years ago.

16. The Tenant states the property to be in need of refurbishment, especially the kitchen and limited carpets. The photographic evidence assisted in this matter.

17. The Energy Performance Rating for the property is C72 and it is confirmed there is gas central heating, Single glazed windows and an internal floor area of 110m2. The Law S14 Determination of Rent by First-tier Tribunal

(1) Where, under subsection (4) (a) of section 13 above, a tenant refers to a First-tier Tribunal a notice under subsection (2) of that section, the Tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy-

(a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or

4 have effect as if given) in relation to the tenancy to which the notice relates.

(2) In making a determination under this section, there shall be disregarded-

(a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement- (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.

(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates, or the following conditions are satisfied, namely-

(a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of [NAME], at least one of them) did not quit.

(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation.

Consideration and Valuation 18. The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted only with no oral hearing. Having read and considered the papers it decided that it could do so. 19. The Tribunal is required to determine the rent at which the subject property might reasonably be expected to be let in the open market by a

5 [NAME] under an assured tenancy. The personal circumstances of the Tenant are not relevant to this issue.

20. Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in the St Leonards and Hastings 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 £1,250 per month.

21. However, the property is not let in such a condition as would command this full rent and the Tribunal needs to make some adjustment to this full rent to allow for the condition of the property.

22. The Tribunal has considered very carefully each parties submissions and using its own expertise, considers that a total deduction of £400 should be applied for lack of white goods, other than the cooker, tenants’ provision of carpets and curtains, the dated kitchen fittings and general lack of modernisation. This reduces the rental figure to £850 per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant.

23. The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. Determination 24. The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a [NAME] under the terms of this assured tenancy was £850 per month.

25. The Tribunal directed that the new rent of £850 per month should take effect from 25th May 2023, this being the date specified in the Notice.

[NAME] 17th July 2023 (8th September 2023)

6

RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to [EMAIL] to the First-tier Tribunal at the Regional office which has been dealing with the case.

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.