58 Princess Mary’s Road Addlestone Surrey KT15 2XR CHI/43UG/MNR/2023/0281

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CHI/43UG/MNR/2023/0281
Between
Miss N J EvansApplicantMr J SherwinRespondentMiss Natalie EvansTenantMr Julian SherwinLandlord
Before
Mr I R Perry FRICSMs C D Barton MRICSMr N I Robinson FRICSNone for the ApplicantDate 30 January 2024Property: 58 Princess Mary's Road, Addlestone, Surrey, KT15 2XR

DECISION

[1]On 30th January 2024 the Tribunal determined a market rent of £1,100 per month to take effect from 4th 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 3rd November 2023 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,150 per month in place of the existing rent of £945 per month to take effect from 4th December 2023. The notice complied with the legal requirements.[4]On 26th November 2023 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988. This was sent by email dated 28th November 2023.[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 18th 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 papers by the specified dates 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 30th January 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 ground floor flat within a residential area. There are shops within reasonable distance providing day-to-day requirements. There are buses and access to the M25 nearby.[11]The accommodation is listed as including an open plan Living Room/Kitchen, 1 Bedroom and Bathroom with WC. There is a small garden to the front of the property, but no off-street garage or parking[12]The Energy Performance Rating is ‘C’ and the certificate is valid until June 2029. Submissions[13]The initial tenancy began on 4th January 2022 at a rent of £945 per month. Prior to taking occupation the Tenant had the property cleaned and she has purchased dehumidifiers to combat condensation and black mould.[14]The Tenant states that one radiator has broken valves and included a number of photographs. In her statement she refers to past issues of repair including some damp and mould growth, and current issues including ‘blown’ double glazed units and a defective shed.[15]The Tenant also refers to two other lettings in the area including a number 66 Princess Mary’s Road let for £1,150, after a “bidding war”.[16]The Landlord’s Agent states that the property has gas-fired central heating, double-glazed windows, carpets and window furnishings. A full range of fitted appliances are in the kitchen.[17]The Agent refers to the personal circumstances of the Landlord and provides details of similar properties let recently a £1,200 to £1,450 per month.[18]The Landlord also provided a statement to the Tribunal referring to a number of past repairs and renewals carried out on his behalf.[19]Photographs of the property were provided which the Tribunal considered to show a well-appointed flat. 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]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in Addlestone 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.[23]This rent would be for a similar property in good order throughout and with carpets and curtains all included.[24]Using its experience, the Tribunal decided that the rent should be adjusted by £100 per month to reflect repair issues and the Tenant’s provision of some curtains.[25]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[26]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.[27]The Tribunal directed that the new rent of £1,100 per month should take effect from 4th December 2023, 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/43UG/MNR/2023/0281 Property : 58 Princess Mary’s Road Addlestone Surrey KT15 2XR Applicant Tenants : Miss N J Evans Representative : None Respondent Landlord : Mr J Sherwin Representative : Premier Lettings Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Ms C D Barton MRICS Mr N I Robinson FRICS Date of Inspection : None. Paper determination Date of Decision : 30th January 2024 DECISION CHI/43UG/MNR/2023/0281 2 Summary of Decision[1]On 30th January 2024 the Tribunal determined a market rent of £1,100 per month to take effect from 4th 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 3rd November 2023 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,150 per month in place of the existing rent of £945 per month to take effect from 4th December 2023. The notice complied with the legal requirements.[4]On 26th November 2023 the Tenant applied to the Tribunal under Section 13(4) (a) of the Housing Act 1988. This was sent by email dated 28th November 2023.[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 18th 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 papers by the specified dates 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 30th January 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/43UG/MNR/2023/0281 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 subsection (1) (a) of that section, whether or not those sums are separate from the sums payable for the occupation. CHI/43UG/MNR/2023/0281 4 The Property[10]From the information given in the papers and available on the internet, the property comprises a ground floor flat within a residential area. There are shops within reasonable distance providing day-to-day requirements. There are buses and access to the M25 nearby.[11]The accommodation is listed as including an open plan Living Room/Kitchen, 1 Bedroom and Bathroom with WC. There is a small garden to the front of the property, but no off-street garage or parking[12]The Energy Performance Rating is ‘C’ and the certificate is valid until June 2029. Submissions[13]The initial tenancy began on 4th January 2022 at a rent of £945 per month. Prior to taking occupation the Tenant had the property cleaned and she has purchased dehumidifiers to combat condensation and black mould.[14]The Tenant states that one radiator has broken valves and included a number of photographs. In her statement she refers to past issues of repair including some damp and mould growth, and current issues including ‘blown’ double glazed units and a defective shed.[15]The Tenant also refers to two other lettings in the area including a number 66 Princess Mary’s Road let for £1,150, after a “bidding war”.[16]The Landlord’s Agent states that the property has gas-fired central heating, double-glazed windows, carpets and window furnishings. A full range of fitted appliances are in the kitchen.[17]The Agent refers to the personal circumstances of the Landlord and provides details of similar properties let recently a £1,200 to £1,450 per month.[18]The Landlord also provided a statement to the Tribunal referring to a number of past repairs and renewals carried out on his behalf.[19]Photographs of the property were provided which the Tribunal considered to show a well-appointed flat. 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. CHI/43UG/MNR/2023/0281 5[22]Having carefully considered the representations from the parties and associated correspondence and using its own judgement and knowledge of rental values in Addlestone 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.[23]This rent would be for a similar property in good order throughout and with carpets and curtains all included.[24]Using its experience, the Tribunal decided that the rent should be adjusted by £100 per month to reflect repair issues and the Tenant’s provision of some curtains.[25]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[26]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.[27]The Tribunal directed that the new rent of £1,100 per month should take effect from 4th December 2023, 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.