17 Church Hill Avenue Bexhill-on-Sea East Sussex TN39 4SG CHI/21UG/MNR/2024/0173

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/21UG/MNR/2024/0173
Between
Ms Sally WestleyApplicantMr & Mrs CookRespondentMs Sally WestleyTenantMr & Mrs CookLandlord
Before
Mr I R Perry FRICSMr S J Hodges FRICSNone Landlord : Mr & Mrs Cook Representative : Property Cafe for the ApplicantDate 8 October 2024Property: 17 Church Hill Avenue, Bexhill-on-Sea, East Sussex, TN39 4SG

DECISION

The Tribunal determines a rent of £1,000 per calendar month with effect from 2nd September 2024. SUMMARY REASONS Background[1]On 5th July 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200 per calendar month in place of the existing rent of £975 per calendar month to take effect from 2nd September 2024.[2]On 31st July 2024 under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. Inspection[3]Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence[4]The Tribunal has considered the written submissions provided by the Tenant and the Landlords’ Agent. Determination and Valuation[5]Having consideration to the comparable evidence provided by the parties and of our its expert, general knowledge of rental values in the area, we determine that the open market rent for the property in good tenable condition would be £1,250 per calendar month.[6]Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord and the property to be in good condition throughout.[7]In this case the property is not let in such good condition and is evidenced as being tired and dated throughout.[8]The full valuation is shown below: Full open market rent in good condition £1,250 Less deductions for:- Tired and dated condition £250 ____ TOTAL RENT PAYABLE PER MONTH £1,000[9]The Tribunal therefore determined 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 £1,000 per month.[10]The Tribunal was satisfied that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant no undue hardship.[11]Accordingly, the Tribunal directed that the new rent of £1,000 per month should take effect from 2nd September 2024, this being the date specified in the notice. APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Ay request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA. --- decision_2.pdf --- © CROWN COPYRIGHT 2024 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/21UG/MNR/2024/0173 Property : 17 Church Hill Avenue Bexhill-on-Sea East Sussex TN39 4SG Tenant : Ms Sally Westley Representative : None Landlord : Mr & Mrs Cook Representative : Property Cafe 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 Date of Objection : 31st July 2024 Date of Summary Reasons : 8th October 2024 DECISION The Tribunal determines a rent of £1,000 per calendar month with effect from 2nd September 2024. CHI/21UG/MNR/2024/0173 2 SUMMARY REASONS Background[1]On 5th July 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200 per calendar month in place of the existing rent of £975 per calendar month to take effect from 2nd September 2024.[2]On 31st July 2024 under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. Inspection[3]Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence[4]The Tribunal has considered the written submissions provided by the Tenant and the Landlords’ Agent. Determination and Valuation[5]Having consideration to the comparable evidence provided by the parties and of our its expert, general knowledge of rental values in the area, we determine that the open market rent for the property in good tenable condition would be £1,250 per calendar month.[6]Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord and the property to be in good condition throughout.[7]In this case the property is not let in such good condition and is evidenced as being tired and dated throughout.[8]The full valuation is shown below: Full open market rent in good condition £1,250 Less deductions for:- Tired and dated condition £250 ____ TOTAL RENT PAYABLE PER MONTH £1,000 CHI/21UG/MNR/2024/0173 3[9]The Tribunal therefore determined 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 £1,000 per month.[10]The Tribunal was satisfied that the starting date for the new rent specified in the Landlord’s notice would cause the Tenant no undue hardship.[11]Accordingly, the Tribunal directed that the new rent of £1,000 per month should take effect from 2nd September 2024, this being the date specified in the notice. APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Ay request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.