7 Marie Avenue Downton Salisbury Wiltshire SP5 3NT CHI/00HY/MNR/2022/0141

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/00HY/MNR/2022/0141
Between
Ms Paula LanchburyApplicantMiss J M VincentRespondentMs Paula LanchburyTenantMiss Joanne VincentLandlord
Before
Mr I R Perry FRICSMr M J Ayres FRICSMrs A Clist MRICSNone for the ApplicantDate 26 January 2023Property: 7 Marie Avenue, Downton, Salisbury, Wiltshire, SP5 3NT

DECISION

[1]On 26th January 2023 the Tribunal determined a market rent of £1,125 per month to take effect from 27th November 2022. Background[2]The case concerned the determination of a market rent for the subject property following a referral of the Landlord’s notice of increase of rent by the Tenant pursuant to sections 13 and 14 Housing Act 1988.[3]On 10th October 2022 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200 per month in place of the existing rent of £1,100 per month to take effect from 27th November 2022. The notice complied with the legal requirements.[4]On 23rd November 2022 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Coronavirus pandemic and considerations of health have caused a suspension of inspections and Tribunal hearings in person unless specifically requested by either party.[6]The Tribunal issued directions on 16th December 2022 informing the parties that, unless either party objected, the Tribunal intended to determine the rent based on written representations. The parties were invited to make submissions which could include photographs or videos.[7]The Tenant provided the Tribunal with a detailed submission which was copied to the Landlord. Neither the Landlord nor her Agent made any submission.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 26th January 2023 based on the written representations received. The Property[9]From the information given in the papers and available on the internet the property comprises a detached bungalow situated in a residential area on the southern side of the village of Downton which itself is about 7 miles south of Salisbury.[10]The accommodation is described as including a Living Room, Kitchen/Diner, three Bedrooms, Bathroom with WC and Shower room with WC. Outside there are Gardens and a Garage. The windows are double-glazed, and the property is centrally heated. Submissions[11]The initial tenancy began on 27th October 2016 at a rent of £700 per month. The Tenant states that carpets are provided by the Landlord in the three Bedrooms but no curtains. A cooker is also provided but no washing machine or fridge.[12]The Tenant provided the Tribunal with a detailed history of repairs and other works which have been effected, notably including the provision of a new gas boiler in 2022. Photographs were also supplied which showed where decorations had been disturbed when the boiler was fitted, some minor defects to the rear entrance door, an internal door handle and a broken hinge to a Kitchen cupboard door. In addition, some evidence of black mould growth in several rooms and broken slabs to the rear patio.[13]The Tenant also states that the Kitchen and Bathroom fittings are approximately 20 years old and highlights other general repair issues, some of which she has already corrected.[14]The Tenant also comments on rental evidence given to her by the Landlord’s Agent and states that in her opinion a fair market rental for the property in its present condition is £1,100 per month. The Law S14 Determination of Rent by First-tier Tribunal(1) Where, under subsection (4) (a) of section 13 above, a tenant refers to a First-tier Tribunal a notice under subsection (2) of that section, the Tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy- (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.(2) In making a determination under this section, there shall be disregarded- (a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement- (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates, or the following conditions are satisfied, namely- (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling-house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation. Consideration and Valuation[15]The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted only with no oral hearing. Having read and considered the papers it decided that it could do so.[16]The Tribunal is required to determine 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 in its present condition. The personal circumstances of the Landlord or Tenant is not relevant to this issue.[17]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in south Wiltshire the Tribunal decided that the market rent for the subject property if let today in a condition that was usual for such an open market letting would be £1,200 per month.[18]However, the property is not in a condition that would be expected to achieve such a rent and the Landlord does not provide a full range of white goods or curtains which are expected in an open market letting.[19]Using its experience, the Tribunal decided that the following adjustments should be made: Tenant’s provision of white goods £20 Tenant’s provision of curtains £5 Dated Kitchen and Bathroom £50 ____ TOTAL per month £75[20]The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. Determination[21]The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £1,125 per month.[22]The Tribunal directed that the new rent of £1,125 per month should take effect from 27th November 2022, this being the date specified in the Notice. RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case. Where possible you should send your application for permission to appeal by email to rpsouthern@justice.gov.uk as this will enable the First-tier Tribunal Regional office to deal with it more efficiently.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. --- decision_2.pdf --- © CROWN COPYRIGHT 2023 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/00HY/MNR/2022/0141 Property : 7 Marie Avenue Downton Salisbury Wiltshire SP5 3NT Applicant Tenant : Ms Paula Lanchbury Representative : None Respondent Landlord : Miss J M Vincent Representative : Crown House lettings Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Mr M J Ayres FRICS Mrs A Clist MRICS Date of Inspection : None. Paper determination Date of Decision : 26th January 2023 DECISION CHI/00HY/MNR/2022/0141 2 Summary of Decision[1]On 26th January 2023 the Tribunal determined a market rent of £1,125 per month to take effect from 27th November 2022. Background[2]The case concerned the determination of a market rent for the subject property following a referral of the Landlord’s notice of increase of rent by the Tenant pursuant to sections 13 and 14 Housing Act 1988.[3]On 10th October 2022 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200 per month in place of the existing rent of £1,100 per month to take effect from 27th November 2022. The notice complied with the legal requirements.[4]On 23rd November 2022 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Coronavirus pandemic and considerations of health have caused a suspension of inspections and Tribunal hearings in person unless specifically requested by either party.[6]The Tribunal issued directions on 16th December 2022 informing the parties that, unless either party objected, the Tribunal intended to determine the rent based on written representations. The parties were invited to make submissions which could include photographs or videos.[7]The Tenant provided the Tribunal with a detailed submission which was copied to the Landlord. Neither the Landlord nor her Agent made any submission.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 26th January 2023 based on the written representations received. The Property[9]From the information given in the papers and available on the internet the property comprises a detached bungalow situated in a residential area on the southern side of the village of Downton which itself is about 7 miles south of Salisbury.[10]The accommodation is described as including a Living Room, Kitchen/Diner, three Bedrooms, Bathroom with WC and Shower room with WC. Outside there are Gardens and a Garage. The windows are double-glazed, and the property is centrally heated. CHI/00HY/MNR/2022/0141 3 Submissions[11]The initial tenancy began on 27th October 2016 at a rent of £700 per month. The Tenant states that carpets are provided by the Landlord in the three Bedrooms but no curtains. A cooker is also provided but no washing machine or fridge.[12]The Tenant provided the Tribunal with a detailed history of repairs and other works which have been effected, notably including the provision of a new gas boiler in 2022. Photographs were also supplied which showed where decorations had been disturbed when the boiler was fitted, some minor defects to the rear entrance door, an internal door handle and a broken hinge to a Kitchen cupboard door. In addition, some evidence of black mould growth in several rooms and broken slabs to the rear patio.[13]The Tenant also states that the Kitchen and Bathroom fittings are approximately 20 years old and highlights other general repair issues, some of which she has already corrected.[14]The Tenant also comments on rental evidence given to her by the Landlord’s Agent and states that in her opinion a fair market rental for the property in its present condition is £1,100 per month. The Law S14 Determination of Rent by First-tier Tribunal(1) Where, under subsection (4) (a) of section 13 above, a tenant refers to a First-tier Tribunal a notice under subsection (2) of that section, the Tribunal shall determine the rent at which, subject to subsections (2) and (4) below, the Tribunal consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy- (a) which is a periodic tenancy having the same periods as those of the tenancy to which the notice relates; (b) which begins at the beginning of the new period specified in the notice; (c) the terms of which (other than relating to the amount of the rent) are the same as those of the tenancy to which the notice relates; and (d) in respect of which the same notices, if any, have been given under any of Grounds 1 to 5 of Schedule 2 to this Act, as have been given (or have effect as if given) in relation to the tenancy to which the notice relates.(2) In making a determination under this section, there shall be disregarded- (a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant; (b) any increase in the value of the dwelling-house attributable to a relevant improvement carried out by a person who at the time it was carried out was the tenant, if the improvement- CHI/00HY/MNR/2022/0141 4 (i) was carried out otherwise than in pursuance of an obligation to his immediate landlord, or (ii) was carried out pursuant to an obligation to his immediate landlord being an obligation which did not relate to the specific improvement concerned but arose by reference to consent given to the carrying out of that improvement; and (c) any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the tenancy.(3) For the purposes of subsection (2)(b) above, in relation to a notice which is referred by a tenant as mentioned in subsection (1) above, an improvement is a relevant improvement if either it was carried out during the tenancy to which the notice relates, or the following conditions are satisfied, namely- (a) that it was carried out not more than twenty-one years before the date of service of the notice; and (b) that, at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice, the dwelling- house has been let under an assured tenancy; and (c) that, on the coming to an end of an assured tenancy at any time during that period, the tenant (or, in the case of joint tenants, at least one of them) did not quit.(4) In this section "rent" does not include any service charge, within the meaning of section 18 of the Landlord and Tenant Act 1985, but, subject to that, includes any sums payable by the tenant to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation. Consideration and Valuation[15]The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted only with no oral hearing. Having read and considered the papers it decided that it could do so.[16]The Tribunal is required to determine 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 in its present condition. The personal circumstances of the Landlord or Tenant is not relevant to this issue.[17]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in south Wiltshire the Tribunal decided that the market rent for the subject property if let today in a condition that was usual for such an open market letting would be £1,200 per month. CHI/00HY/MNR/2022/0141 5[18]However, the property is not in a condition that would be expected to achieve such a rent and the Landlord does not provide a full range of white goods or curtains which are expected in an open market letting.[19]Using its experience, the Tribunal decided that the following adjustments should be made: Tenant’s provision of white goods £20 Tenant’s provision of curtains £5 Dated Kitchen and Bathroom £50 ____ TOTAL per month £75[20]The Tenant made no representation that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. Determination[21]The Tribunal therefore decided that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £1,125 per month.[22]The Tribunal directed that the new rent of £1,125 per month should take effect from 27th November 2022, this being the date specified in the Notice. RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office which has been dealing with the case. Where possible you should send your application for permission to appeal by email to rpsouthern@justice.gov.uk as this will enable the First-tier Tribunal Regional office to deal with it more efficiently.[2]The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[3]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[4]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.