46 Carisbrooke Drive, South Woodham Ferrers, Chelmsford, CM3 5LT CAM/22UF/MNR/2025/0643
REASONS
[1]The First Tier Tribunal received an application, before the effective start date of the new rent sought, from tenants of the Property, regarding a notice of increase of rent served by the landlord, under S.13 of the Housing Act 1988 (the Act).[2]The notice, dated 27 February 2025, proposed a new rent of £1300 per calendar month exclusive, with effect from and including 4 April 2025. This rent does not include other services.[3]The tenancy is an assured periodic calendar monthly tenancy with effect from and including 4 April 2023. A copy was provided.[4]The rent payable from up to and including 3 April 2025 was £975 per calendar month. No furniture or services were included. The landlord provided white goods. The let included carpets and curtains. Directions[5]Directions, dated 27 March 2025, for the progression of the case, were issued by Legal Officer Laura Lawless. Neither party asked for a hearing. Inspection[6]There was no inspection. The Property is a small 1990’s, 2 level mid terrace house. It has a small front and rear garden. (Google Streetview May 2024). The front elevation is of brick walls, double pitched, concrete single lap tiles. It has full gas fired central heating and double glazing. Accommodation is of 2 bedrooms, bathroom/WC. kitchen and living room. The tenant has carried out minor works and improvements over the last 2 years at his own expense; including taps, the oven, freezer, boiler, garden door handle, ground floor carpet, fence panel and kitchen worktop.[7]The Property is a small end terraced house dating from the 1990’s of traditional construction. It is set within a now relatively established residential area in the town. Tenants’ and Landlord’s Representations[8]The tenants provided written submissions via Application Form, the completed standard Reply Form. The tenant referred to the various works he had undertaken during the tenancy in default of the landlord.[9]The landlord made no representations. Neither party referred to property let or to let locally. The Tribunal is grateful for such information as was provided by both parties in the application and standard Reply Forms. Law[10]In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring 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. Thus the Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition. Decision[11]From the Tribunal’s own general knowledge of market rent levels in Ipswich it determines that the subject property would let on normal Assured Shorthold Tenancy (AST) terms, for £1300 per calendar month, fully fitted and in good order.[12]From the representations; it found however that the Property had suffered from some basic disrepair which the tenant had corrected over the years. Although these are past events they indicate that similar issues may reasonably be expected to arise in the next rental period with the same outcome to the modest disadvantage of the tenant. For these anticipated minor shortcomings the Tribunal makes a small deduction of £25 pcm. The new rent will be therefore be £1275 pcm with effect from the date shown in the landlord’s initial notice.[13]Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure. Chairman N Martindale FRICS Date 19 May 2025 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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 decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013). If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the property, and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). First-tier Tribunal – Property Chamber File Ref No. CAM/22UF/MNR/2025/0643 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 46 Carisbrooke Drive South Woodham Ferrers Chelmsford CM3 5LT Mr Neil Martindale FRICS Landlord Gillian Crooke Address Tenant Tien & Rhiannon Nauyen[1]The rent is: £ 1300 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 4 April 2025 *3. The amount included for services is/is negligible/not applicable nil Per *4. Service charges are variable and are not included Date assured tenancy commenced 4 April 2023[6]Length of the term or rental period periodic calendar monthly Allocation of liability for repairs per tenancy[8]Furniture provided by landlord or superior landlord Landlord’s white goods, carpets curtains included. No furniture[9]Description of premises 1990’s mid terraced house external front elevation good condition. Brick walls, double pitched main single lap tiled roof. Small front and rear gardens. Landlord’s full GFCH & DG windows. Accom. 2 levels: 2 double bedrooms, Bath/WC; Kitchen, Living room. Kitchen Tenant has carried out minor works and improvements, taps, oven, freezer, boiler, handle on garden door, downstairs carpet, fence panel, kitchen worktop. Chairman Neil Martindale FRICS Date of Decision 19 May 2025