27 James Avenue Herstmonceux East Sussex BN27 4PD CHI/21UH/MNR/2024/0065

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/21UH/MNR/2024/0065
Between
Ms J PolyblankApplicantNashopper Investments LtdRespondentMs Julia PolyblankTenantNashopper Investments LtdLandlord
Before
Mr I R Perry FRICSMr S J Hodges FRICSMr M C Woodrow MRICSNone for the ApplicantDate 30 April 2024Property: 27 James Avenue, Herstmonceux, East Sussex, BN27 4PD

DECISION

[1]On 30th April 2024 the Tribunal determined a market rent of £960 per month to take effect from 25th April 2024. 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 8th March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,100 per month in place of the existing rent of £800 per month to take effect from 25th April 2024. The notice complied with the legal requirements.[4]On 14th March 2024 the Tenant sent an application dated 12th March 2024 to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Tribunal does not routinely 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 26th March 2024 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 made a full submission to the Tribunal which was copied to the Landlord. The Landlord made no submission.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 30th April 2024 based on the written representations received.[9]These reasons address in summary form the key issues raised by the parties. They do not recite each and every point referred to either in submissions or during any hearing. However, this does not imply that any points raised, or documents not specifically mentioned were disregarded. If a point or document was referred to in the evidence or submissions that was relevant to a specific issue, then it was considered by the Tribunal. The Tribunal concentrates on those issues which, in its opinion, are fundamental to the application. 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. The Property[10]From the information given in the papers and available on the internet, the property comprises a modern inner-terraced house of brick or block construction with a part clad front elevation all beneath a tiled roof, situated within a cul-de-sac of similar properties within the village of Herstmonceux, about 4 miles northeast of Hailsham. There are limited facilities or amenities in the village and a bus service runs in daytime only.[11]The property backs onto open fields and the accommodation is said to include a Living room, Kitchen, Bathroom, 2 Bedrooms, a Boxroom and a Conservatory. There are small gardens to front and rear and no off-street parking.[12]The property has oil-fired central heating and partial double glazing. The Energy Performance Rating is ‘D’. Submissions[13]The initial tenancy began on 25th July 2007. Carpets, curtains and a cooker were provided by the Landlord, but no fridge or washing machine.[14]The Tenant states that she has replaced a garden shed and some fencing that the Landlord refused to repair.[15]The Tenant states that the boxroom has a floor area less than 70 sq ft.[16]The Tenant made detailed submissions about the ownership of the property, how much rent she has paid over the last 17 years, Landlord’s responsibilities, legislation relating to Hazards in Residential Property, Contents Insurance, Consumer Rights, Human Rights and under other headings which do not relate to the valuation process that the Tribunal is obliged to follow.[17]The Tenant also provided the Tribunal with 21 photographs of repair issues with the property and refers to rents for other 2-bedroom properties in the general area with asking rents ranging between £950 per month and £1,200 per month.[18]Copies of correspondence from the Landlord to the Tenant show that the Landlord has attempted to require the Tenant to carry out repairs that should normally be the responsibility of the Landlord including replacement of a defective shower and storm damaged fencing.[19]The Landlord made no submission to the Tribunal. Consideration and Valuation[20]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.[21]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.[22]The Tribunal decided that the third first floor room of about 70 sq. ft would constitute a third Bedroom and the rent should be assessed on this basis.[23]Having carefully considered the representations from the parties and associated correspondence, and using its own judgement and knowledge of rental values in East Sussex, 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 £1,250 per month.[24]However, the property is not in a condition to command such a full market rent and a number of adjustments are necessary to reflect its condition and the dated Kitchen and Bathroom.[25]Using its experience the Tribunal decided that the following adjustments should be made: Tenant’s provision of some white goods £20 Old carpets £20 Dated kitchen £100 Dated bathroom £50 General disrepair including fencing £100 ____ TOTAL per month £290[26]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[27]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 £960 per month.[28]The Tribunal directed that the new rent of £960 per month should take effect from 25th April 2024 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 2024 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/21UH/MNR/2024/0065 Property : 27 James Avenue Herstmonceux East Sussex BN27 4PD Applicant Tenant : Ms J Polyblank Representative : None Respondent Landlord : Nashopper Investments Ltd 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 M C Woodrow MRICS Date of Inspection : None. Paper determination Date of Decision : 30th April 2024 DECISION CHI/21UH/MNR/2024/0065 2 Summary of Decision[1]On 30th April 2024 the Tribunal determined a market rent of £960 per month to take effect from 25th April 2024. 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 8th March 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,100 per month in place of the existing rent of £800 per month to take effect from 25th April 2024. The notice complied with the legal requirements.[4]On 14th March 2024 the Tenant sent an application dated 12th March 2024 to the Tribunal under Section 13(4) (a) of the Housing Act 1988.[5]The Tribunal does not routinely 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 26th March 2024 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 made a full submission to the Tribunal which was copied to the Landlord. The Landlord made no submission.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 30th April 2024 based on the written representations received.[9]These reasons address in summary form the key issues raised by the parties. They do not recite each and every point referred to either in submissions or during any hearing. However, this does not imply that any points raised, or documents not specifically mentioned were disregarded. If a point or document was referred to in the evidence or submissions that was relevant to a specific issue, then it was considered by the Tribunal. The Tribunal concentrates on those issues which, in its opinion, are fundamental to the application. 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 CHI/21UH/MNR/2024/0065 3 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 CHI/21UH/MNR/2024/0065 4 subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation. The Property[10]From the information given in the papers and available on the internet, the property comprises a modern inner-terraced house of brick or block construction with a part clad front elevation all beneath a tiled roof, situated within a cul-de-sac of similar properties within the village of Herstmonceux, about 4 miles northeast of Hailsham. There are limited facilities or amenities in the village and a bus service runs in daytime only.[11]The property backs onto open fields and the accommodation is said to include a Living room, Kitchen, Bathroom, 2 Bedrooms, a Boxroom and a Conservatory. There are small gardens to front and rear and no off-street parking.[12]The property has oil-fired central heating and partial double glazing. The Energy Performance Rating is ‘D’. Submissions[13]The initial tenancy began on 25th July 2007. Carpets, curtains and a cooker were provided by the Landlord, but no fridge or washing machine.[14]The Tenant states that she has replaced a garden shed and some fencing that the Landlord refused to repair.[15]The Tenant states that the boxroom has a floor area less than 70 sq ft.[16]The Tenant made detailed submissions about the ownership of the property, how much rent she has paid over the last 17 years, Landlord’s responsibilities, legislation relating to Hazards in Residential Property, Contents Insurance, Consumer Rights, Human Rights and under other headings which do not relate to the valuation process that the Tribunal is obliged to follow.[17]The Tenant also provided the Tribunal with 21 photographs of repair issues with the property and refers to rents for other 2-bedroom properties in the general area with asking rents ranging between £950 per month and £1,200 per month.[18]Copies of correspondence from the Landlord to the Tenant show that the Landlord has attempted to require the Tenant to carry out repairs that should normally be the responsibility of the Landlord including replacement of a defective shower and storm damaged fencing.[19]The Landlord made no submission to the Tribunal. Consideration and Valuation[20]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. CHI/21UH/MNR/2024/0065 5[21]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.[22]The Tribunal decided that the third first floor room of about 70 sq. ft would constitute a third Bedroom and the rent should be assessed on this basis.[23]Having carefully considered the representations from the parties and associated correspondence, and using its own judgement and knowledge of rental values in East Sussex, 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 £1,250 per month.[24]However, the property is not in a condition to command such a full market rent and a number of adjustments are necessary to reflect its condition and the dated Kitchen and Bathroom.[25]Using its experience the Tribunal decided that the following adjustments should be made: Tenant’s provision of some white goods £20 Old carpets £20 Dated kitchen £100 Dated bathroom £50 General disrepair including fencing £100 ____ TOTAL per month £290[26]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[27]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 £960 per month.[28]The Tribunal directed that the new rent of £960 per month should take effect from 25th April 2024 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 CHI/21UH/MNR/2024/0065 6 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.