3 Crozier Terrace, Chelmsford, Essex, CN2 6YW: CAM/22UF/MNR/2025/0788 CAM/22UF/MNR/2025/0788
REASONS
[3]On 29 September 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,730 per calendar month (pcm) in place of the existing rent of £1,550 pcm to take effect from 11 November 2025. On 4 November 2025, 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. The Tribunal was not provided with a copy of the original Tenancy. Allocation of Repairs between Landlord and Tenant.[4]Assumed to be in accordance with section 11 of the Landlord and Tenant Act 1985. Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.[5]N/A. Liability for Council Tax[6]The Tenant is assumed to be responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[7]None Inspection/Hearing[8]Neither party requested an oral hearing. The Tribunal has considered this case on the basis of, the papers provided by the parties and its own knowledge and specialist expertise. 2 The Property[9]The Property comprises a mid-terraced house providing a lounge, living room, kitchen, utility, one bedroom with ensuite, second bedroom and smaller third bedroom together with a family bathroom. There is central heating, double glazing, carpets, curtains and White Goods albeit the Tenant has replaced the washing machine.[10]There is a separate garage and a garden to the rear with pedestrianised access to the front door. Evidence[11]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant.[12]The Tenant submitted separate representations. A number of the points related to the personal circumstances of the Tenants which the Tribunal is unable to take into account as the valuation exercise assumes that the Property is vacant and to let for occupation by a hypothetical prospective tenant rather than the actual occupiers.[13]In terms of rental evidence, the Tenant provided the following details: a) 3 bed mid-terraced house in Cowdrie Way available to let for £1,650 pcm b) 3 bed semi-detached house in Springfield Park Avenue available to let for £1,675 pcm c) Bricks and Logic Average Rents in Crozier Terrace - £1,344 pcm for 2 bed houses to £2,122 pcm for 4 bed houses[14]The Tenant commented in respect of the comparables relied upon the Landlord that: “…Of the 12 properties in the guide, only 3 are currently advertised and are all semi-detached not mid-terraced. For the other 9 no information is given as to rents actually agreed/achieved. Rents advertised do not necessarily equate to rents agreed.” The Landlord[15]The following comparables were provided by the Landlord: a) 3 bed end-terraced at Marigold Close - £1,800 pcm 3 b) c) d) e) f) g) 3 bed semi-detached house at Lupin Drive - £1,750 pcm 3 bed semi-detached house at Cusak Road - £1,750 pcm 3 bed terraced house at Chelmer Village - £1,700 pcm 3 bed semi-detached house at Littell Tweed - £1,700 pcm 3 bed semi-detached house at Foxglove Way - £1,700 pcm 3 bed semi-detached house at Sandford Road - £1,700 pcm h) 3 bed detached house at Golding Thoroughfare - £1,700 pcm[16]The Landlord advised that they had taken advice from WH Brown and Abbotts Estate agents who provided a figure of “around £1,800 pcm”. Determination and Valuation[17]The assessment of Market Rent assumes that the Property is vacant and to let on the open market such that prospective tenants would bid against each other with the bid of the successful tenant comprising the Market Rent. The characteristics and motivations of the actual Landlord and Tenant are therefore not relevant.[18]It is assumed that fair wear and tear has arisen, but the Tenant has otherwise complied with their lease covenants in respect of the maintenance of the Property. In this regard, it would be expected that, due to the passage of time since occupation had first been taken by the Tenant, an element of redecoration would be required in order for the Property to be in a condition commensurate with other properties that are available on the market and would therefore offer the market an alternative to the Property.[19]The Tribunal has noted that the comparables provided by the Landlord predominantly relate to semi-detached rather than terraced houses hence a discount from those rents would be appropriate. Conversely, the Tribunal considers that the Property is superior to those cited by the Tenant such that a premium over those quoted rents would apply.[20]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Parties, the Tribunal therefore considers that the market rental of the subject Property in condition actually existing on the effective date was £1,700 pcm. Decision[12]Therefore, the Tribunal determines the market rent at £1,700 per calendar month with effect from 11 November 2025. 4 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. 5