23 Rangemore Street Burton upon Trent DE14 2ED BIR/41UC/MDT/2024/0600

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No BIR/41UC/MDT/2024/0600
Between
Mark Stephen AllsopApplicantJ & B Installations (Mr M Taylor)RespondentMark Stephen AllsopTenantJ & B Installations (Mr M Taylor)Landlord
Before
V Ward BSc Hons FRICSI.D. Humphries B.Sc.(Est.Man.)FRICSN Wint FRICSDate 20 January 2025Property: 23 Rangemore Street Burton upon Trent DE14 2EDType of application: Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 S

DECISION

The Tribunal determines a rent of £785.00 per calendar month with effect from 7 October 2024. ____________________________________

REASONS

[1]On 5 September 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £790.00 per calendar month (pcm) in place of the existing rent of £400.00 pcm to take effect from 7 October 2024.[2]By an application dated 4 October 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]Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online resources. Evidence[4]The Tribunal has consideration of the written submissions provided by the Landlord. There were no written submissions from the Tenant.[5]From the information provided and available, the subject property appears to comprise an end terraced 3-bedroom terraced house with off road parking which benefits from central heating and double glazing.[6]The Landlord provided a letter from Nicholas Humphreys Estate Agents which indicated a marketing rental of £825.00 to £850.00 pcm.[7]The Tenant did not complete a reply form but noted in their application form that they were unable to use one of the bedrooms due to damp and further that they have replaced some fence panels. Determination and Valuation[8]Having considered the comparable evidence proved by the parties and of our own expert, general knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £825.00 per calendar month. From this level of rent we have made adjustments in relation to: a) Dampness of third bedroom. b) Replacement of fence panels by Tenant.[9]The full valuation is shown below: per month Market Rent £825.00 Less a) Items given under a) above £20.00 b) Items given under b) above £20.00 £40.00 £785.00 Decision[10]The Tribunal therefore determined that 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 was £785.00 per calendar month.[11]The Tribunal directs the new rent of £785.00 pcm to take effect on 7 October 2024. This being the date as set out in the Landlord’s Notice of Increase. Chairman: V Ward Date: 6 January 2025 APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal. First-tier Tribunal – Property Chamber File Ref No. BIR/00GG/MNR/2024/0622 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 23 Rangemore Street Burton on Trent DE14 2ED V Ward BSc Hons FRICS I.D. Humphries B.Sc.(Est.Man.)FRICS N Wint FRICS Landlord J & B Installations/Mr M Taylor Address Tenant M Allsop[1]The rent is: £785.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 7 October 2024[3]The amount included for services is not applicable Per Date assured tenancy commenced 7 April 2008 Length of the term or rental period Monthly[6]Allocation of liability for repairs Landlord and Tenant Act 1985[7]Furniture provided by landlord or superior landlord[8]Description of premises End terraced house with 3 bedrooms Chairman V Ward Date of Decision 6 January 2025