Tribunal Sets Market Rent for One-Bedroom Flat in Greenhithe

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/29UD/MNR/2025/0691

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 50 [ADDRESS] [POSTCODE]

[NAME] [NAME] Judge C A Rai

Landlords [NAME] & [NAME] C/o [NAME], [ADDRESS], [POSTCODE]

Tenant Ms K [APPELLANT]

1. The rent is: £1050.00 Per Calendar Month (To exclude Water Rates and Council Tax but to include any amounts in paragraphs 3 and 4)

2. The date the decision takes effect is: 1 June 2025

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

4. Date assured tenancy commenced 24 September 2018

5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord – section 11, Landlord and Tenant Act 1985 applies.

7. Furniture provided by landlord or superior landlord None

8. Description of premises A one-bedroom flat on the second floor of a purpose-built block of flats, with accommodation as follows: entrance hall, reception room with open plan kitchen, bedroom, bathroom/WC and balcony. Off street parking space.

[NAME] of Decision 9 June 2025

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/29UD/MNR/2025/0691 Property : 50 [ADDRESS] [POSTCODE] Applicant Tenant : Ms [COUNSEL] :

None

Respondent Landlords : Mr [COUNSEL] & Ms [COUNSEL] : Ms [COUNSEL], [NAME], Dartford, Kent Type of Application :

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

Tribunal Members : [NAME] [NAME] Judge C A Rai Date of Application : 4 May 2025 Date of Decision :

9 June 2025

DECISION On 9 June 2025 the Tribunal determined a market rent of £1,050 (One Thousand and Fifty Pounds) per Calendar Month to take effect from 1 June 2025.

HAV/29UD/MNR/2025/0691 2 REASONS

Background 1. By way of an application given to the Tribunal dated 4 May 2025 (received 7 May 2025), the Applicant (‘’the tenant’’) of 50 [ADDRESS], [POSTCODE] (hereinafter referred to as ‘’the property’’) referred a Notice of Increase in Rent (‘’the Notice’’) by the Respondents (‘’the landlords’’) of the property under Section 13(2) of the Housing Act 1988 (‘’the Act’’) to the Tribunal.

2. The Notice, dated 26 March 2025, proposed a new rent of £1,250 per month in lieu of a passing rent of £1,050 per month, to take effect from 1 June 2025.

3. The Tribunal has not been provided with a copy of the tenancy agreement; but has been informed by Ms [NAME] and Ms [NAME] the names of the landlords. Ms [NAME] says the present tenancy began on 24 September 2018.

4. The Tribunal issued Directions dated 28 May 2025 advising the parties that it considered the matter suitable for determination on the papers unless either party objected, in writing, within seven days. The parties were also advised that, whereas no inspection would be undertaken, the Tribunal would seek to view the property on the internet. (Paragraphs 5 and 6 of the Directions respectively.)

5. The Rent Appeal Statement includes for provision of photographs to assist the Tribunal to understand the case and to help the party to present the issues.

6. The Directions required the landlords and the tenant to submit their completed Rent Appeal Statements (‘’Statement’’) to the Tribunal by 11 June 2025 and by 25 June 2025 respectively, with copies to be sent to the other party. Both the landlords’ representative and the tenant submitted a Statement. Both Statements were given in accordance with the timings in the Directions. Within their Statements, the parties included a floor plan of the property and Ms [NAME] included internal photographs to assist in the presentation of her case.

7. Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 9 June 2025 based on the tenant’s application under section 13(4) of the Housing Act 1988, the parties’ Statements and of its own expert, general knowledge of rental values in the area.

8. The Tribunal has read the papers and the parties’ submissions in full. In this decision the Tribunal does not discuss each point given but limits it to those relevant to the determination of the market rent in accordance with the legislation. The Property 9. From the information provided in the papers and [ADDRESS], [ADDRESS] is a second floor, one-bedroom flat in a modern purpose-built block of flats.

HAV/29UD/MNR/2025/0691 3 10. [ADDRESS] is in that part of Greenhithe to the south of [ADDRESS] and to the west of the B255. The M25, Queen Elizabeth II Bridge is to the northwest. [ADDRESS] is a cul-de-sac to the east of [ADDRESS]. The nearest railway station is Greenhithe. 11. [ADDRESS] is built over basement (lower ground), ground and three upper floors. No. 50 is on the second floor and comprises as follows: entrance hall, reception room with open plan kitchen, bedroom, bathroom/WC and balcony. From the floor plan provided by Ms [NAME], the gross internal area is 47.5 square metres (512 square feet). The Tenancy Agreement

12. The Tribunal has not been provided with a copy of the tenancy agreement. In her application at paragraph 10. Tenancy Agreement, Ms [NAME] says there is no written tenancy agreement. Ms [NAME] goes on to say the present tenancy began on 24 September 2018 and that the property is let unfurnished. From the Notice, the current rent is £1,050 per month.

13. In her application, under 9. Repairs, Ms [RESPONDENT] says all are the responsibility of the landlord.

14. It is the Tribunal’s understanding that at the expiration of the fixed term, the tenancy has continued as a statutory periodic tenancy in accordance with the Housing Act 1988 (as amended). Under the statute, section 11 of the Landlord and Tenant Act 1985 applies. Submissions 15. Ms [APPELLANT] submitted her Statement on 30 May 2025 and has not confirmed the same was copied to Ms [NAME].

16. Under ‘Description’, Ms [NAME] describes the property as a second floor flat with the accommodation as follows: hall, bathroom, bedroom and reception room. Whereas Ms [NAME] has not provided any photographs of the property, she has provided a floor plan.

17. Under ‘Features’, Ms [NAME] says Central Heating, Double Glazing and the White Goods have been provided by the landlords. The property has a balcony. There is off-street parking and access to communal gardens.

18. In addition, under ‘Improvements’ Ms [NAME] lists various repairs and defects, summarised as follows: (1) the door handle to the balcony, (2) a leak to the boiler, (3) a problem with the washing machine, which the Tribunal understands has been resolved by the tenant, (4) a fault in the bathroom fan, and (5) a problem with a radiator and a thermostat. The Tribunal determines that all these repairs and defects are not improvements but constitute works of on-going repairs and maintenance of the property for which the landlord is responsible in any event.

HAV/29UD/MNR/2025/0691 4 19. Under ‘Condition of the property…Disrepairs/Defects…’, Ms [NAME] reiterates the issue with the radiator and the thermostat and adds ‘’10+ years – in good condition throughout.’’ 20. Under ‘Any Other Comments’, Ms [NAME] says the property is a fifteen- minute walk to Greenhithe railway station and a three-minute drive to the A2.

21. Under ‘Your assessment of the rental value of the property’, Ms [NAME] has provided a link to four comparable one-bedroom flats, all of which are labelled ‘Let Agreed’. The properties are in [ADDRESS] and [ADDRESS], of which three are listed as £1,100 pcm and the fourth at £1,150 pcm. Ms [NAME] goes on to say that each of the four comparable lettings are on the same development as [ADDRESS].

22. Ms [NAME] was given on 30 May 2025 and was copied to the landlords’ representative the same day. Ms [COUNSEL] description of the property corresponds with that of Ms [NAME]. Ms [NAME] has also provided a floor plan of the flat which shows the balcony and lists the gross internal area in both square metres and square feet.

23. Whereas the balance of the Features of the property described by Ms [NAME] in her Statement are confirmed by Ms [NAME] in hers; Ms [NAME] says whereas the landlords have provided the blinds in the bedroom, she has provided the blinds in the reception room. Ms [NAME] goes on to say that she has provided the washing machine too.

24. Under ‘Improvements’ Ms [NAME] says there are none – only minor repairs.

25. Under ‘Condition of the property…’ Ms [NAME] lists three items: (1) the boiler is due to be repaired, (2) the kitchen is both old and the worksurface is bowed, and (3) there are areas of mould in the bathroom.

26. Ms [NAME] has provided photographs to show the blinds she has installed in the reception room, the replacement of the light fittings in the bathroom and the treatment of the damp to the bathroom ceiling.

27. Under ‘Your assessment of the rental value of the property’, Ms [NAME] has provided outline lettings particulars of a one-bedroom flat on [ADDRESS] which is listed at £1,100 pcm and goes on to say ‘’This property is on the same complex as the property I am renting, but just in a different building.’’ The Law Section 14, Housing Act 1988 - 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-

HAV/29UD/MNR/2025/0691 5 (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 (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 of the dwelling-house concerned or are payable under separate agreements.

28. In accordance with the terms of section 14 of the Act, the Tribunal is

HAV/29UD/MNR/2025/0691 6 required to determine the rent at which it considers the subject property might reasonably be expected to let on the open market, by a [NAME], under an assured tenancy, on the same terms as the tenancy. In so doing, and in accordance with the Act, the Tribunal ignores any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Considerations and Valuation 29. The Tribunal first considered whether it felt able to determine this case reasonably and fairly based on the papers submitted only, with no oral hearing. Having read and considered the papers the Tribunal decided it could do so.

30. The Tribunal is required to determine the rent at which the property might reasonably be expected to be let in the open market by a [NAME] under an assured tenancy. The personal circumstances of the tenant(s) are not relevant to the issue.

31. Both parties have given a Statement, which include a description of the property, its features and a floor plan. Ms [NAME] has provided internal photographs to assist the presentation of her case to the Tribunal.

32. In her Statement, Ms [NAME] has referred the Tribunal to four comparable lettings’ properties with their marketing to let particulars. Ms [NAME] has referred the Tribunal to one, one-bedroom comparable letting in [ADDRESS] at £1,100 pcm. The Tribunal notes that the photograph and its rental value are the same as one of the four comparable lettings to which Ms [NAME] has referred to the Tribunal.

33. Having considered the comparable evidence provided and of its own expert, general knowledge of rental values in the area, the Tribunal determined that the market rent for the property in good tenantable condition would be £1,100 (One Thousand One Hundred Pounds) per Calendar Month.

34. In paragraph 23 above, the Tribunal has identified minor discrepancies in the descriptions and features of the property given by the parties. The Tribunal addresses these first. From the submissions and the photographs provided by the parties, the Tribunal has determined whereas the landlords have not provided Carpets, there are blinds in the bedroom (which might have been left by a former tenant). The tenant has provided the washing machine and the blinds in the reception room.

35. The Tribunal has outlined the items of disrepair and defects identified by Ms [NAME] at paragraph 25 above.

36. From its analysis of the papers to include the parties’ submissions, the Tribunal has determined adjustments are required to its determination of the market rent of the property, as follows. • The landlords have neither provided carpets, nor blinds (curtains) to the reception room.

HAV/29UD/MNR/2025/0691 7 • The tenant has provided the washing machine. • There are comparatively minor items of disrepair and defects for which the Tribunal has taken an overall valuation approach to reach its adjustment, as opposed to attribute a sum to each item identified.

37. Following the above, the Tribunal’s valuation is shown below: Market rent for the property (£ PCM) - £1,100 Less deductions (£ PCM) for: Carpets and part provision of curtains (blinds) £20 White Goods – the washing machine £10 Disrepair and Defects £20 £50 Market rent (per calendar month) £1,050

38. The Tribunal therefore decided that the rent at which the property might reasonably be expected to be let in the open market by a [NAME] under the terms of this assured tenancy was £1,050 (One Thousand and Fifty Pounds) per Calendar Month.

39. In neither her application nor her subsequent Statement has Ms [NAME] given any submission to the Tribunal that the starting date for the new rent specified in the landlords’ notice would cause her undue hardship. The Tribunal’s determination is not to change the rent.

40.

Accordingly, the Tribunal directs that the new rent of £1,050 per Calendar Month should take effect from 1 June 2025. This being the date specified in the Notice proposing a new rent.

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 days’ time limit, the person shall include with the application for permission to appeal a request for

HAV/29UD/MNR/2025/0691 8 an extension of time and the reason for not complying with the 28 days’ 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.