154 Beaumont Drive, Northfleet, Gravesend, Kent DA11 9NS CHI/29UG/MNR/2023/0146

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/29UG/MNR/2023/0146
Between
Ms Holly Bennett and Mr Shane BenningApplicantHari MasawanRespondentMs Holly Bennett & Mr Shane BenningTenantMr Hari MasawanLandlord
Before
Mr D Jagger MRICSMr S Hodges FRICSMr J Reichel BSc MRICSNone for the ApplicantDate 10 July 2023Property: 154 Beaumont Drive, Northfleet, Gravesend, Kent, DA11 9NS

DECISION

[1]On the 10th July 2023 the Tribunal determined a market rent of £1,300 per month to take effect from 28th May 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 28th April 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,450 per month in place of the existing rent of £1,200 per month to take effect from 28th May 2023. The notice complied with the legal requirements.[4]On 19th May 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 31st May 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 papers by the specified dates very clearly 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 7th July 2023 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 mid-terrace house in an area of similar style properties approximately 1.2 miles away from Gravesend town centre.[10]The house was built the 1970’s with accommodation comprising living room and kitchen at ground level, and 3 bedrooms and a bathroom at first floor level. There is a rear garden and a garage at the rear. The front garden has been paved to provide an off-street parking area. Submissions[11]The tenancy began on 28th September 2021 for a term of 12 months.[12]The Landlord’s Agent provided a helpful Inventory and Schedule of Condition report prepared at the commencement of the tenancy. The tenant provided a schedule of photographs when Gravesend Borough Council sent the landlord an Improvement Notice on the 21st April 2023. The landlord’s agent states the landlord installed a gas boiler recently, installed new bathroom fittings, new rainwater fittings and facias. The landlord provided carpets and there are no white goods. The maintenance undertaken by the landlord were carried out at the date of the landlord’s notice being the 28th April.[13]The Landlord’s Agent provided a generic schedule of comparables listed on Rightmove which ranged from £1,600 per month to £1,400 per month.[14]The Tenant states the property to be in need of refurbishment and provided a timeline for repairs undertaken on behalf of the landlord following the Local Authorities intervention.[15]The Energy Performance Rating for the property is D66 and it is confirmed there is gas central heating and double-glazed windows. 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 Tenant are 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 Gravesend 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 £1,400 per month.[19]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 condition of the property and the letting terms.[20]The Tribunal now needs to adjust this rent to allow for the internal condition of the property. The Tribunal has considered very carefully each parties submissions and using its own expertise, considers that a deduction of £100 should be applied for lack of white goods, tenants’ provision of curtains and condition including dated kitchen fittings. This reduces the rental figure to £1,300 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.[21]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[22]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 £1,300 per month.[23]The Tribunal directed that the new rent of £1,300 per month should take effect from 28th May 2023, this being the date specified in the Notice. D Jagger MRICS Valuer Chair 10th July 2023 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/29UG/MNR/2023/0146 Property : 154 Beaumont Drive, Northfleet, Gravesend, Kent DA11 9NS Applicant Tenant : Ms Holly Bennett and Mr Shane Benning Representative : None Respondent Landlord : Hari Masawan Representative : Your Move Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr D Jagger MRICS Mr S Hodges FRICS Mr J Reichel BSc MRICS Date of Inspection : None. Paper determination Date of Decision : 10th July 2023 DECISION Summary of Decision 2[1]On the 10th July 2023 the Tribunal determined a market rent of £1,300 per month to take effect from 28th May 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 28th April 2023 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,450 per month in place of the existing rent of £1,200 per month to take effect from 28th May 2023. The notice complied with the legal requirements.[4]On 19th May 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 31st May 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 papers by the specified dates very clearly 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 7th July 2023 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 mid-terrace house in an area of similar style properties approximately 1.2 miles away from Gravesend town centre.[10]The house was built the 1970’s with accommodation comprising living room and kitchen at ground level, and 3 bedrooms and a bathroom at first floor level. There is a rear garden and a garage at the rear. The front garden has been paved to provide an off-street parking area. Submissions[11]The tenancy began on 28th September 2021 for a term of 12 months.[12]The Landlord’s Agent provided a helpful Inventory and Schedule of Condition report prepared at the commencement of the tenancy. The tenant provided a schedule of photographs when Gravesend Borough Council sent the landlord an Improvement Notice on the 21st April 2023. The landlord’s agent states the landlord installed a gas boiler recently, installed new bathroom fittings, new 3 rainwater fittings and facias. The landlord provided carpets and there are no white goods. The maintenance undertaken by the landlord were carried out at the date of the landlord’s notice being the 28th April.[13]The Landlord’s Agent provided a generic schedule of comparables listed on Rightmove which ranged from £1,600 per month to £1,400 per month.[14]The Tenant states the property to be in need of refurbishment and provided a timeline for repairs undertaken on behalf of the landlord following the Local Authorities intervention.[15]The Energy Performance Rating for the property is D66 and it is confirmed there is gas central heating and double-glazed windows. 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. 4(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 Tenant are 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 Gravesend 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 £1,400 per month.[19]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 condition of the property and the letting terms.[20]The Tribunal now needs to adjust this rent to allow for the internal condition of the property. The Tribunal has considered very carefully each parties submissions and using its own expertise, considers that a deduction of £100 should be applied for lack of white goods, tenants’ provision of curtains and condition including dated kitchen fittings. This reduces the rental figure to £1,300 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. 5[21]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[22]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 £1,300 per month.[23]The Tribunal directed that the new rent of £1,300 per month should take effect from 28th May 2023, this being the date specified in the Notice. D Jagger MRICS Valuer Chair 10th July 2023 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.