615 Saxon House, 1 Cromwell Square, Ipswich, IP5 1TS : CAM/42UEDMNR/2024/0609 CAM/42UEDMNR/2024/0609
REASONS
[2]The First Tier Tribunal received an application dated 8 January 2025, 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). The notice dated 11 December 2024, proposed a new rent of £795 per calendar month exclusive, with effect from and including 24 January 2024, the day after the contractual term ended. © CROWN COPYRIGHT 2013[5]The tenancy is an assured periodic calendar monthly tenancy and a copy was provided. The rent payable from 24 January 2024 up to and including 23 January 2025. November 2024 was £710 per calendar month. Although the Tribunal had invited parties to make representations prior on whether a question of jurisdiction arose, the Tribunal could find no substantive responses. If it had the matter of jurisdiction would fall to the County Court to determine on application of either party. Directions[6]Directions, dated 23 January 2025, for the progression of the case, were issued by Legal Officer Laura Lawless. Neither party asked for a hearing. Inspection[9]There was no inspection. The Property is part of a much larger converted office block dating from the 1980’s. The conversion appeared to date post 2000. It is in a central part of Martlesham Heath, Ipswich, near to the historic Church of England and cemetery, and car parks and some substantial former and current office accommodation in large blocks nearby. (Google Streetview September 2023). There is some communal off-road parking but, appears not to be allocated to individual flats. The block appears to be of traditional brick faced construction on 3 to 4 levels above basement. There are flats in the top floors in the metal faced Mansard roof. The Property is at first floor level. There is a lift. The Property has a bedroom, bathroom/WC; living room/kitchen with double glazing. Landlord’s carpets, white goods and other listed furniture; tenant’s curtains. Tenants’ and Landlord’s Representations[11]The tenant provided written submissions via the Application Form and the completed standard Reply Form. There had been a leak from the flat above the Property, leaving minor damp and mould stains within the flat to a ceiling and around some window frames. There were 7 photographs showing this. The re-decoration in the Property appeared to be drawn out afterwards. The landlord represented the Property as essentially in good order. The landlord referred to similar small flats in the block which were said to let at between £800 to £850 pcm currently. 2[12]The Tribunal is grateful for such information as was provided by both parties in the application and in the standard Reply Forms and supplementary photographs of the Property. Law[13]In accordance with the terms of S.14 of the Act the Tribunal is 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[16]From the Tribunal’s own general knowledge of market rent levels in Martlesham Heath, Ipswich it determines that the subject property would let on normal Assured Shorthold Tenancy (AST) terms, for £800 per calendar month, fully fitted and in good order. From the representations however; the Tribunal found that the Property was still slightly damaged from the historic water leak, just sufficiently to affect the rental value on this occasion. For this minor shortcoming the Tribunal makes a deduction of £10 pcm. The new rent will therefore be £790 pcm with effect from 24 January 2025. 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 17 March 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 3 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). 4