Room 2, 34 Elmwood Avenue Colchester Essex CO2 9HT CAM/22UG/MNR/2024/0070
REASONS
[1]The First Tier Tribunal received an application dated 24 March 2024 from the tenant of the Property, regarding a notice of increase of rent, served by the landlord, under S.13 of the Housing Act 1988.[2]The notice, apparently undated, proposed a new rent of £518.06 per calendar month with effect from and including 1 April 2024. The passing rent was stated in the notice, as £401.29 per calendar month. It was unclear when this passing rent had been set. The new rent included a service charge of £206.06 pcm. The passing rent included a service charge of £101.29 pcm.[3]The tenancy is an assured shorthold periodic monthly tenancy. A copy of the tenancy and of the landlord’s Notice were provided. Inspection[4]The Tribunal did not inspect the Property internally but viewed the exterior from Google Street View images of the Property from the public road (data capture @ November 2022). The Property is a room in a shared house. The house is an end terraced dwelling, part of a short modern terrace of similar houses dating from the 2000’s. The terrace is part of a more recent development in the 2000’s, set at the corner of a larger established suburban housing estate, dating from the 1960s.[5]The Property is a first floor bedroom in the house at No.34. The house is occupied by 2 client tenants and 1 support worker engaged by the landlord, 3 sharers in all. The Property is let out as 1 of 3 individual bedrooms. There is a ground floor communal kitchen, living room, WC, and first floor bathroom/ WC. There I shared internal circulation space, gardens and a small provision of off street parking to the front. There are no on-street parking restrictions.[6]The house of which the Property forms a small part, has brick faced elevations. There is a double pitched main roof finished in plain tiles. Windows and front door to the shared area appear to be of plastic with double glazed units. The front exterior appears in good condition.[7]In addition to exclusive use of the Property, it is assumed that the tenant has shared use of a ground floor communal living room, and kitchen for cooking and laundry. The kitchen is assumed to be supplied with white goods including cooker and hob and washing machine. The living room and the Property are assumed to be furnished in a functional manner by the landlord but no details were provided. Carpets and curtains are also assumed as provided by the landlord. The rent assumes landlord provision of hot and cold water and waste removal, gas fired central heating, electricity, gas, council tax, broadband internet. Tenant’s Representations[8]Directions, dated 2 April 2024, for the progression of the case, were issued by Legal Officer Laura Lawless. A hearing was not requested. The standard Reply Form was sent to parties, which neither party returned a completed version, however the tenant’s initial Form 6 application referring the matter to the Tribunal, did include many of the basic details about the accommodation. There were no particular representations other than setting out the basic lease terms. Landlord’s Representations[9]The Tribunal did not receive any representations from the landlord.[10]The Tribunal carefully considered such written details and representations as it received, from both parties. Law[11]In accordance with the terms of S.14 of the Act the Tribunal is required to determine the rent at which it considers 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 it is in a reasonable internal decorative condition. Decision[12]Based on the Tribunal’s own general knowledge of market rent levels in Colchester, it determines that the Property would let on normal Assured Shorthold Tenancy (AST) terms, for £520 per calendar month, fully fitted and in good order, fully serviced, all bills included. This sum includes the new fixed service charge of £206.06 payable by the tenant to the landlord as part of their rent from 1 April 2024.[13]There were no tenant’s improvements or additions. There appeared to be no evidence of a shortfall or deficiency of service provided or condition of the Property or shared areas. The Tribunal did not adjust this figure therefore.[14]The new rent of £520 pcm is payable from and including the date set out in the Landlord’s Notice, 1 April 2024. The landlord is not obliged to charge this rent but, may not charge more. Chairman N Martindale FRICS Dated 29 May 2024 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).