61 Dursley Road, Eastbourne, East Sussex BN22 8DH CHI/21UC/MNR/2023/0289

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/21UC/MNR/2023/0289
Between
B Dieme & E FallApplicantA DrudyRespondentBinta Dieme & Elhadji FallTenantMr Andrew Martin DrudyLandlord
Before
Mr D Jagger MRICSMr C Davies FRICSMr N Robinson FRICSBHT Sussex for the ApplicantDate 6 February 2024Property: 61 Dursley Road, Eastbourne, East Sussex, BN22 8DH

DECISION

[1]On the 6th February 2024 the Tribunal determined a market rent of £1,100 per month to take effect from the 20th December 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 the 7th November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,250 per month in place of the existing rent of £875 per month to take effect from 20th December 2023. The notice complied with the legal requirements.[4]On the 1st December 2023 the Tenant appealed 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 20th December 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]Both parties submitted completed Rent Appeal Statements including comparable evidence, floor plan and photographs setting out their respective cases. The papers were also copied to the other party.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on the 6th February 2024 based on the written representations received. The Property[9]From the information given in the papers and available on Rightmove and Google maps, the property comprises a two storey mid terrace Victorian house with a small single storey rear extension. The property is in a residential area close to Eastbourne town centre.[10]The accommodation comprises: living room/dining room, kitchen, two bedrooms, small study, bathroom/WC, utility room and cloakroom. There is a small covered area at the rear. There is gas central heating system and double-glazed windows. The landlord provided carpets and curtains. There were no white goods other than an oven at the commencement of the tenancy. Submissions[11]The assured tenancy began on the 20th July 2019 for a term of 6 months at a rent of £875 per month.[12]As previously mentioned, the tenant’s representative completed the Rent Appeal Statement and provided a helpful schedule of photographs, a floor plan and a schedule of comparable evidence. It is stated there are mould issues in the bathroom, the laminate flooring in the utility room is damaged, and door locks are defective.[13]The landlord also submitted a Rent Appeal Statement stating that the utility room floor will be remedied shortly, new roof covering provided, new ground floor carpets and boiler scheduled to be replaced. The landlord submits that this is a three bedroom property. The Tribunal disputes this. When we look at the floor plan provided by the tenant it clear that this room is not large enough to accommodate a bedroom and access to the bathroom is via this room. Nevertheless, this is considered to be useful space which could provide a desk for a small study.[14]The Energy Performance Rating for the property has expired but the property was previously given an energy rating of C. 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 Tenant are 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 the Eatbourne area, 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 let in such a condition as would command this full rent and the Tribunal needs to make some adjustment to this full rent to allow for the lack of white goods, mould in the bathroom and missing kitchen door.[19]The Tribunal has considered very carefully each parties submissions and using its own expertise, considers that a deduction of £100 should be applied. This reduces the rental figure to £1,100 per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant.[20]The Tenant’s representative made representations that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. The Tribunal has considered this request carefully. However, due to the lack of evidence provided, this request has been declined. 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 £1,100 per month.[22]The Tribunal directed that the new rent of £1,100 per month should take effect from the 20th December 2023, this being the date specified in the Notice. D Jagger MRICS Valuer Chair 6th February 2024 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 by email to rpsouthern@justice.gov.uk to the First-tier Tribunal at the Regional office which has been dealing with the case.[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/21UC/MNR/2023/0289 Property : 61 Dursley Road, Eastbourne, East Sussex BN22 8DH Applicant Tenant : B Dieme & E Fall Representative : BHT Sussex Respondent Landlord : A Drudy Representative : None Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr D Jagger MRICS Mr C Davies FRICS Mr N Robinson FRICS Date of Inspection : None. Paper determination Date of Decision : 6th February 2024 DECISION 2 Summary of Decision[1]On the 6th February 2024 the Tribunal determined a market rent of £1,100 per month to take effect from the 20th December 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 the 7th November 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,250 per month in place of the existing rent of £875 per month to take effect from 20th December 2023. The notice complied with the legal requirements.[4]On the 1st December 2023 the Tenant appealed 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 20th December 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]Both parties submitted completed Rent Appeal Statements including comparable evidence, floor plan and photographs setting out their respective cases. The papers were also copied to the other party.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on the 6th February 2024 based on the written representations received. The Property[9]From the information given in the papers and available on Rightmove and Google maps, the property comprises a two storey mid terrace Victorian house with a small single storey rear extension. The property is in a residential area close to Eastbourne town centre.[10]The accommodation comprises: living room/dining room, kitchen, two bedrooms, small study, bathroom/WC, utility room and cloakroom. There is a small covered area at the rear. There is gas central heating system and double- glazed windows. The landlord provided carpets and curtains. There were no white goods other than an oven at the commencement of the tenancy. 3 Submissions[11]The assured tenancy began on the 20th July 2019 for a term of 6 months at a rent of £875 per month.[12]As previously mentioned, the tenant’s representative completed the Rent Appeal Statement and provided a helpful schedule of photographs, a floor plan and a schedule of comparable evidence. It is stated there are mould issues in the bathroom, the laminate flooring in the utility room is damaged, and door locks are defective.[13]The landlord also submitted a Rent Appeal Statement stating that the utility room floor will be remedied shortly, new roof covering provided, new ground floor carpets and boiler scheduled to be replaced. The landlord submits that this is a three bedroom property. The Tribunal disputes this. When we look at the floor plan provided by the tenant it clear that this room is not large enough to accommodate a bedroom and access to the bathroom is via this room. Nevertheless, this is considered to be useful space which could provide a desk for a small study.[14]The Energy Performance Rating for the property has expired but the property was previously given an energy rating of C. 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- 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. The personal circumstances of the Tenant are 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 the Eatbourne area, 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 let in such a condition as would command this full rent and the Tribunal needs to make some adjustment to this full rent to allow for the lack of white goods, mould in the bathroom and missing kitchen door. 5[19]The Tribunal has considered very carefully each parties submissions and using its own expertise, considers that a deduction of £100 should be applied. This reduces the rental figure to £1,100 per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant.[20]The Tenant’s representative made representations that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. The Tribunal has considered this request carefully. However, due to the lack of evidence provided, this request has been declined. 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 £1,100 per month.[22]The Tribunal directed that the new rent of £1,100 per month should take effect from the 20th December 2023, this being the date specified in the Notice. D Jagger MRICS Valuer Chair 6th February 2024 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 by 6 email to rpsouthern@justice.gov.uk to the First-tier Tribunal at the Regional office which has been dealing with the case.[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.