Flat 4 Braust House Weyhill Road Weyhill Andover Hampshire SP11 0PP CHI/24UN/MNR/2022/0101

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/24UN/MNR/2022/0101
Between
Dr L J SmithApplicantMr and Mrs SewellRespondentDr Lauren Jessica SmithTenantMr & Mrs SewellLandlord
Before
Mr I R Perry BSc FRICSMrs J Coupe FRICSMr M JenkinsonAshwells Estate Agents Tenant : Dr L J Smith Representative : None for the ApplicantDate 17 November 2022Property: Flat 4, Braust House, Weyhill Road, Weyhill, Andover, Hampshire, SP11 0PP

DECISION

[1]On 17th November 2022 the Tribunal determined a market rent of £825 per month to take effect from 18th September 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 18th July 2022 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £825 per month in place of the existing rent of £775 per month to take effect from 18th September 2022. The notice complied with the legal requirements.[4]On 22nd August 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 until further notice.[6]The Tribunal issued directions on 14th September 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]Both parties submitted detailed papers by the specified dates which 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 17th November 2022 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 first floor flat within a character property itself set within a village about 2 ½ miles west of Andover.[10]There are some local shopping facilities nearby supplying day to day requirements with other main services available in Andover.[11]The flat has oil-fired central heating and double-glazed windows to accommodation which includes a Living Room, Kitchen, two Bedrooms and a Bathroom. There is a single nominated car space. Submissions[12]The initial tenancy began on 18th September 2021 at a rent of £775 per month. No fridge or washing machine were provided. Internal photographs show the property to be in good order.[13]The Tenant says that the heating is expensive, that the tenancy was limited to single occupancy only and that she is unable to afford the new rent. She has now left the property but supplied the Tribunal with a schedule of comparable rents from £575 to £750 per month for one bedroomed flats and £650-£800 per month for two bedroomed flats.[14]The Landlord says that the property was refurbished shortly before Dr Smith took occupation and that the property has now been relet at £825 per month.[15]The Landlord also provides evidence of other properties to let in the area at asking rents of £795-£900 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[16]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.[17]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 Landlord or Tenant is not relevant to this issue.[18]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in the area around Andover 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 £825 per month. This figure included an adjustment to reflect the lack of a fridge or washing machine.[19]The Tenant stated that she had now vacated the property and made no representation that the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. Determination[20]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 £825 per month.[21]The Tribunal directed that the new rent of £825 per month should take effect from 18th September 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 2022 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/24UN/MNR/2022/0101 Property : Flat 4 Braust House Weyhill Road Weyhill Andover Hampshire SP11 0PP Landlord : Mr and Mrs Sewell Representative : Ashwells Estate Agents Tenant : Dr L J Smith Representative : None Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry BSc FRICS Mrs J Coupe FRICS Mr M Jenkinson Date of Inspection : None, paper determination Date of Decision : 17th November 2022 DECISION CHI/24UN/MNR/2022/0101 2 Summary of Decision[1]On 17th November 2022 the Tribunal determined a market rent of £825 per month to take effect from 18th September 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 18th July 2022 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £825 per month in place of the existing rent of £775 per month to take effect from 18th September 2022. The notice complied with the legal requirements.[4]On 22nd August 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 until further notice.[6]The Tribunal issued directions on 14th September 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]Both parties submitted detailed papers by the specified dates which 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 17th November 2022 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 first floor flat within a character property itself set within a village about 2 ½ miles west of Andover.[10]There are some local shopping facilities nearby supplying day to day requirements with other main services available in Andover.[11]The flat has oil-fired central heating and double-glazed windows to accommodation which includes a Living Room, Kitchen, two Bedrooms and a Bathroom. There is a single nominated car space. CHI/24UN/MNR/2022/0101 3 Submissions[12]The initial tenancy began on 18th September 2021 at a rent of £775 per month. No fridge or washing machine were provided. Internal photographs show the property to be in good order.[13]The Tenant says that the heating is expensive, that the tenancy was limited to single occupancy only and that she is unable to afford the new rent. She has now left the property but supplied the Tribunal with a schedule of comparable rents from £575 to £750 per month for one bedroomed flats and £650-£800 per month for two bedroomed flats.[14]The Landlord says that the property was refurbished shortly before Dr Smith took occupation and that the property has now been relet at £825 per month.[15]The Landlord also provides evidence of other properties to let in the area at asking rents of £795-£900 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 CHI/24UN/MNR/2022/0101 4 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[16]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.[17]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 Landlord or Tenant is not relevant to this issue.[18]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in the area around Andover 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 £825 per month. This figure included an adjustment to reflect the lack of a fridge or washing machine.[19]The Tenant stated that she had now vacated the property and made no representation that the new rent specified in the Landlord’s notice would cause the Tenant undue hardship. CHI/24UN/MNR/2022/0101 5 Determination[20]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 £825 per month.[21]The Tribunal directed that the new rent of £825 per month should take effect from 18th September 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.