1B Stuart Court Old Teignmouth Road Dawlish Devon EX7 0NJ CHI/18UH/MNR/2023/0179

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/18UH/MNR/2023/0179
Between
Ms K Buckle-CooperApplicantMr A Barton and Mr D BartonRespondentMs Karyn Buckle-CooperTenantAndrew Barton & David BartonLandlord
Before
Mr I R Perry FRICSMr S J Hodges FRICSMr J S Reichel MRICSNone for the ApplicantDate 25 September 2023Property: 1B Stuart Court, Old Teignmouth Road, Dawlish, Devon, EX7 0NJ

DECISION

[1]On 25th September 2023 the Tribunal determined a market rent of £750 per month to take effect from 1st August 2023. 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 1st June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per month in place of the existing rent of £650 per month to take effect from 1st August 2023. The notice complied with the legal requirements.[4]On 19th July 2023 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Tribunal does not consider it necessary and proportionate in cases of this nature to undertake inspections or hold Tribunal hearings unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.[6]The Tribunal issued directions on 9th August 2023 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 submitted detailed papers by the specified date very clearly setting out her case and included a number of photographs. The papers were also copied to the Landlords. The Landlords made no representation.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case 25th September 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 second floor flat within a detached residential property built in 1994 which is situated within a residential area about 1 mile south of Dawlish, within walking distance of the sea.[10]The accommodation is described as including a Living Room, Dining Room, Kitchen, 2 Bedrooms, and Bathroom. There is a private garden and garage. Submissions[11]The initial tenancy began on 1st August 2020 at a rent of £650.[12]The Applicant states that the property has central heating and that she supplied the white goods and curtains. She is unsure whether the windows are double glazed.[13]The Tenant details a history of repairs carried out to the property in the past and states that the inside of the property has not been updated since it was built in 1994. The Tenant provided helpful photographs in support of her assertion, and particularly claims that the carpets are very worn.[14]The Tenant also refers to several comparable properties available with asking rents ranging from £825 per month to £850 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. The personal circumstances of the Parties are not relevant to this issue.[17]From the photographs provided the Tribunal reached the conclusion that the windows are double glazed sealed units within wooden frames.[18]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in south Devon 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 £850 per month.[19]However, the property is not let in a condition to command such a rent and the Tribunal decided it should make a reduction to reflect the rather tired nature of the internal fittings and carpets.[20]In addition, the Tribunal needs to reflect the Tenant’s provision of white goods and curtains.[21]Using its experience the Tribunal decided that the following adjustments should be made: Tenant’s provision of white goods £30 Tenant’s provision of curtains £20 General tired nature of fittings and carpets £50 ____ TOTAL per month £100[22]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[23]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 £750 per month.[24]The Tribunal directed that the new rent of £750 per month should take effect from 1st August 2023, 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/18UH/MNR/2023/0179 Property : 1B Stuart Court Old Teignmouth Road Dawlish Devon EX7 0NJ Applicant Tenant : Ms K Buckle-Cooper Representative : None Respondent Landlord : Mr A Barton and Mr D Barton Representative : None Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Mr S J Hodges FRICS Mr J S Reichel MRICS Date of Inspection : None. Paper determination Date of Decision : 25th September 2023 DECISION CHI/18UH/MNR/2023/0179 2 Summary of Decision[1]On 25th September 2023 the Tribunal determined a market rent of £750 per month to take effect from 1st August 2023. 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 1st June 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per month in place of the existing rent of £650 per month to take effect from 1st August 2023. The notice complied with the legal requirements.[4]On 19th July 2023 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Tribunal does not consider it necessary and proportionate in cases of this nature to undertake inspections or hold Tribunal hearings unless either are specifically requested by either party or a particular point arises which merits such an inspection and/or hearing.[6]The Tribunal issued directions on 9th August 2023 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 submitted detailed papers by the specified date very clearly setting out her case and included a number of photographs. The papers were also copied to the Landlords. The Landlords made no representation.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case 25th September 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 second floor flat within a detached residential property built in 1994 which is situated within a residential area about 1 mile south of Dawlish, within walking distance of the sea.[10]The accommodation is described as including a Living Room, Dining Room, Kitchen, 2 Bedrooms, and Bathroom. There is a private garden and garage. Submissions[11]The initial tenancy began on 1st August 2020 at a rent of £650. CHI/18UH/MNR/2023/0179 3[12]The Applicant states that the property has central heating and that she supplied the white goods and curtains. She is unsure whether the windows are double glazed.[13]The Tenant details a history of repairs carried out to the property in the past and states that the inside of the property has not been updated since it was built in 1994. The Tenant provided helpful photographs in support of her assertion, and particularly claims that the carpets are very worn.[14]The Tenant also refers to several comparable properties available with asking rents ranging from £825 per month to £850 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 CHI/18UH/MNR/2023/0179 4 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. The personal circumstances of the Parties are not relevant to this issue.[17]From the photographs provided the Tribunal reached the conclusion that the windows are double glazed sealed units within wooden frames.[18]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in south Devon 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 £850 per month.[19]However, the property is not let in a condition to command such a rent and the Tribunal decided it should make a reduction to reflect the rather tired nature of the internal fittings and carpets.[20]In addition, the Tribunal needs to reflect the Tenant’s provision of white goods and curtains.[21]Using its experience the Tribunal decided that the following adjustments should be made: Tenant’s provision of white goods £30 Tenant’s provision of curtains £20 General tired nature of fittings and carpets £50 ____ CHI/18UH/MNR/2023/0179 5 TOTAL per month £100[22]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[23]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 £750 per month.[24]The Tribunal directed that the new rent of £750 per month should take effect from 1st August 2023, 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.