First-tier Tribunal Sets New Market Rent for Assured Tenancy

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. CHI/21UD/MNR/2023/0076

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 [ADDRESS], St. Leonards-on-Sea, East Sussex, [POSTCODE]

[NAME] Mr [RESPONDENT] Mr [RESPONDENT]

Landlord Mr [RESPONDENT] 127 [ADDRESS], [POSTCODE]

Tenant Mrs [APPELLANT]

1. The rent is: £ 1650.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 01 April 2023

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

4. Date assured tenancy commenced 01 December 2011

5. Length of the term or rental period Unknown

6. Allocation of liability for repairs In accordance with agreement

7. Furniture provided by landlord or superior landlord None

8. Description of premises A detached house with four bedrooms, living room, dining room/bedroom 5 with ensuite, kitchen, bathroom, ensuite shower room, partially converted garage, rear garden and parking.

[NAME] of Decision 26 July 2023

© CROWN COPYRIGHT 2023

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/00HC/MNR/2023/0136 Property : 11 [ADDRESS] [POSTCODE] Applicant Tenant : Mrs [COUNSEL] :

None

Respondent Landlord : Mr [COUNSEL] : None Type of Application :

Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal Members : Mr [NAME] Mr [NAME] Mr [NAME] of Inspection : None. Paper determination Date of Decision :

26th July 2023

DECISION

Summary of Decision

2 1. On the 26th July 2023 the Tribunal determined a market rent of £1,650 per month to take effect from 1st April 2023. Background 2. 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.

3. On 3rd February 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1850 per month in place of the existing rent of £1,400 per month to take effect from 1st April 2023. The notice complied with the legal requirements.

4. On 29th March 2023 the Tenant appealed to the Tribunal under Section 13(4) (a) of the Housing Act 1988.

5. 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.

6. The Tribunal issued directions on 30th 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.

7. On the 12th June 2023 the tenant sent an email to the Tribunal stating that she now wished to withdraw the application. On the 14th June the landlord objected to this proposed withdrawal. On the 21st June 2023 a Tribunal Procedural Chairman considered the tenants request seeking permission to withdraw her application and in view of the landlord’s objection, this was refused and the application remains live. On this basis, the Tribunal has determined the market rent.

8. The tenant did not submit any papers other than her application and a copy of the tenancy agreement.

9. Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on the 26th July 2023 based on the written representations received. The Property 10. From the information given in the papers and available on Rightmove and Google maps, the property comprises a 1980’s built detached house with brick and tile hung elevations under a tiled roof, located in an established residential area. Local amenities are available.

11. The accommodation comprises: four bedrooms, ensuite shower room, living room, former dining room converted to 5th bedroom with en-suite shower room, kitchen. There is a rear garden. There is a partially converted integral garage, front and rear gardens with driveway to former garage. There is gas central

3 heating and double-glazed windows. The landlord provided carpets at the commencement of the tenancy. Submissions 12. The original tenancy commenced on 1st December 2011 followed by a subsequent tenancy agreement which commenced on the 1st March 2015 for a term of five years.

13. The landlord submitted a comprehensive package of documents in the completed Rent Appeal Statement including Rightmove comparable evidence, photographs, a report by The Property Café and floor plans setting out his case. It is evident to the Tribunal, the landlord has carried out significant repairs and maintenance of the property and is intending to complete further works subject to access from the tenant.

14. Based on the evidence before the Tribunal it is evident that the parties have had a turbulent history and it could be said that communications have broken down. There are an ongoing County Court proceedings which does not form part of this Tribunal’s remit. 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 willing landlord 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 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

4 (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 joint tenants, 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 15. 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.

16. 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 willing Landlord under an assured tenancy. The personal circumstances of the Tenant are not relevant to this issue.

17. 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 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 £1,750 per month.

18. 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 dated condition of the property.

19. The Tribunal has considered very carefully each parties submissions and using its own expertise, considers that a deduction of £100 should be applied for

5 limited range of white goods, the tenants’ provision of curtains, partial replacement of carpets and outstanding repairs. This reduces the rental figure to £1,650 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.

20. 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 21. 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 willing Landlord under the terms of this assured tenancy was £1,650 per month.

22. The Tribunal directed that the new rent of £1,650 per month should take effect from 1st April 2023, this being the date specified in the Notice.

[NAME] 26th July 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.