3 Wycliffe Road Laira Plymouth Devon PL3 6BZ HAV/00HG/MNR/2025/0705

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/00HG/MNR/2025/0705
Between
Mrs M EdwardsApplicantP & R BowdenRespondentMrs Maureen EdwardsTenantMr & Mrs Peter & Rosemaire BowdenLandlord
Before
Mr I R Perry FRICSMr M C Woodrow MRICSNone for the ApplicantDate 28 August 2025Property: 3 Wycliffe Road, Laira, Plymouth, Devon, PL3 6BZ

DECISION

[1]On 28th August 2025 the Tribunal determined a market rent of £640 per month to take effect from 17th June 2025. 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 14th May 2025 the Landlord’s representative served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £750 per month, in place of the existing rent of £450 per month, to take effect from 17th June 2025. The notice complied with the legal requirements.[4]On 29th May 2025 the Tenant applied 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 6th June 2025 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 setting out their respective case. The Tenant requested an inspection which was carried out on 28th August 2025.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 28th August 2025 based on the inspection and the written representations received.[9]When the original Notice was served a Mr A Clark was a joint tenant with Mrs Edwards. With her application, the tenant had informed the Tribunal that Mr Clark had moved to a Care Home and sadly, in her subsequent submission and confirmed on the day of the inspection, Mrs Edwards informed the Tribunal that Mr Clark had since passed away.[10]These reasons address the key issues raised by the parties. They do not recite each 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 were 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[11]The Tribunal inspected the property accompanied by Mrs Edward’s son and Mr Bowden. Mrs Edwards and Mrs Bowden were also within the property. The parties confirmed that carpets, curtains and white goods are all provided by the tenant, except for the stair carpet.[12]The property comprises a small semi-detached house, probably built between 1980 and 1989, situated in an established residential area of mixed dwellings about 1.75 miles from the centre of the City. Local shops, schools and public transport services are available.[13]The accommodation comprises a small entrance lobby, living room, inner hall with stairs and kitchen at ground level and a landing, double bedroom and bathroom with WC at first floor level.[14]Outside there are small gardens to both front and rear mainly laid to lawn or hard landscaping. There is a single garage with personnel door into the rear garden and a vehicular door opening into a cobbled lane.[15]The property has gas-fired central heating and double-glazed windows. The Energy Performance Rating is ‘C’.[16]The Tribunal noted several settlement cracks around door and window openings. These appeared relatively minor.[17]The Tribunal noted poor decoration to roof fascia boards and flaking decorative coat to rendering at the rear. The kitchen fittings and internal decorations are dated. Submissions[18]The initial tenancy began on 17th May 1990. The rent was last increased in 2020 to the present figure of £450 per month.[19]The Landlord’s representative had listed various works carried out by the Landlord in the last 10 years. This included a note that exterior decoration was carried out in 2024. Most of the ‘improvements’ listed are repairs rather than improvements.[20]The Representative also provided internet extracts of properties/rooms to let ranging from £507 to £997 per month, but no details of actual rents achieved.[21]In her statement the Tenant refers to the poor condition of external repair and decoration as evidenced by the settlement cracks and states that the external decorations have not been renewed. She provided photographs to show the general condition of the property. Consideration and Valuation[22]The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted and inspection only with no oral hearing. Having considered the papers and inspected the property with both Parties it decided that it could do so.[23]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, and the Tribunal is bound to assess the rent given the condition of the property as seen during the inspection.[24]The Tribunal found the external decoration to be in poor condition as evidenced by flaking paintwork to fascia boards and render, and there are a number of settlement cracks evident both internally and externally.[25]The Tribunal found the kitchen fittings to be dated and there are general wants of repair internally. The Tenant is responsible for keeping the interior and internal decorations in reasonable order but not for actual redecoration.[26]Having carefully considered the representations from the parties, the associated correspondence, and using its own judgement and knowledge of rental values in Plymouth, 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 £800 per month. This takes into account the garage and garden which many one-bedroom properties would not have.[27]Such an open market letting would be for a tenantable property in good order with the Landlord responsible for internal decoration and on the basis that carpets, curtains and white goods would all be provided by the Landlord.[28]In this case the Tenant provides white goods, curtains and most carpets. The kitchen fittings are dated, and decorations are generally poor due to age and not as a result of the Tenants actions.[29]Using its experience the Tribunal decided that the following adjustments should be made to the full open market rent of £800 per month: Tenant’s provision of white goods £30 Tenant’s provision of carpets £20 Tenant’s provision of curtains £10 Dated kitchen £50 Decoration and general wants of repair £50 ____ TOTAL deductions per month £160[30]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[31]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 £640 per month.[32]The Tribunal directed that the new rent of £640 per month should take effect from 17th June 2025 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 2025 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HG/MNR/2025/0705 Property : 3 Wycliffe Road Laira Plymouth Devon PL3 6BZ Applicant Tenant : Mrs M Edwards Representative : None Respondent Landlord : P & R Bowden Representative : WBW Solicitors Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Mr M C Woodrow MRICS Date of Inspection : 28th August 2025 Date of Decision : 28th August 2025 DECISION HAV/00HG/MNR/2025/0705 2 Summary of Decision[1]On 28th August 2025 the Tribunal determined a market rent of £640 per month to take effect from 17th June 2025. 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 14th May 2025 the Landlord’s representative served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £750 per month, in place of the existing rent of £450 per month, to take effect from 17th June 2025. The notice complied with the legal requirements.[4]On 29th May 2025 the Tenant applied 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 6th June 2025 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 setting out their respective case. The Tenant requested an inspection which was carried out on 28th August 2025.[8]Neither party objected to the matter being determined without an oral hearing, so the Tribunal determined the case on 28th August 2025 based on the inspection and the written representations received.[9]When the original Notice was served a Mr A Clark was a joint tenant with Mrs Edwards. With her application, the tenant had informed the Tribunal that Mr Clark had moved to a Care Home and sadly, in her subsequent submission and confirmed on the day of the inspection, Mrs Edwards informed the Tribunal that Mr Clark had since passed away.[10]These reasons address the key issues raised by the parties. They do not recite each 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 were 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. HAV/00HG/MNR/2025/0705 3 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 HAV/00HG/MNR/2025/0705 4 (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[11]The Tribunal inspected the property accompanied by Mrs Edward’s son and Mr Bowden. Mrs Edwards and Mrs Bowden were also within the property. The parties confirmed that carpets, curtains and white goods are all provided by the tenant, except for the stair carpet.[12]The property comprises a small semi-detached house, probably built between 1980 and 1989, situated in an established residential area of mixed dwellings about 1.75 miles from the centre of the City. Local shops, schools and public transport services are available.[13]The accommodation comprises a small entrance lobby, living room, inner hall with stairs and kitchen at ground level and a landing, double bedroom and bathroom with WC at first floor level.[14]Outside there are small gardens to both front and rear mainly laid to lawn or hard landscaping. There is a single garage with personnel door into the rear garden and a vehicular door opening into a cobbled lane.[15]The property has gas-fired central heating and double-glazed windows. The Energy Performance Rating is ‘C’.[16]The Tribunal noted several settlement cracks around door and window openings. These appeared relatively minor.[17]The Tribunal noted poor decoration to roof fascia boards and flaking decorative coat to rendering at the rear. The kitchen fittings and internal decorations are dated. Submissions[18]The initial tenancy began on 17th May 1990. The rent was last increased in 2020 to the present figure of £450 per month.[19]The Landlord’s representative had listed various works carried out by the Landlord in the last 10 years. This included a note that exterior decoration was carried out in 2024. Most of the ‘improvements’ listed are repairs rather than improvements. HAV/00HG/MNR/2025/0705 5[20]The Representative also provided internet extracts of properties/rooms to let ranging from £507 to £997 per month, but no details of actual rents achieved.[21]In her statement the Tenant refers to the poor condition of external repair and decoration as evidenced by the settlement cracks and states that the external decorations have not been renewed. She provided photographs to show the general condition of the property. Consideration and Valuation[22]The Tribunal first considered whether it felt able to reasonably and fairly decide this case based on the papers submitted and inspection only with no oral hearing. Having considered the papers and inspected the property with both Parties it decided that it could do so.[23]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, and the Tribunal is bound to assess the rent given the condition of the property as seen during the inspection.[24]The Tribunal found the external decoration to be in poor condition as evidenced by flaking paintwork to fascia boards and render, and there are a number of settlement cracks evident both internally and externally.[25]The Tribunal found the kitchen fittings to be dated and there are general wants of repair internally. The Tenant is responsible for keeping the interior and internal decorations in reasonable order but not for actual redecoration.[26]Having carefully considered the representations from the parties, the associated correspondence, and using its own judgement and knowledge of rental values in Plymouth, 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 £800 per month. This takes into account the garage and garden which many one-bedroom properties would not have.[27]Such an open market letting would be for a tenantable property in good order with the Landlord responsible for internal decoration and on the basis that carpets, curtains and white goods would all be provided by the Landlord.[28]In this case the Tenant provides white goods, curtains and most carpets. The kitchen fittings are dated, and decorations are generally poor due to age and not as a result of the Tenants actions.[29]Using its experience the Tribunal decided that the following adjustments should be made to the full open market rent of £800 per month: Tenant’s provision of white goods £30 Tenant’s provision of carpets £20 Tenant’s provision of curtains £10 Dated kitchen £50 HAV/00HG/MNR/2025/0705 6 Decoration and general wants of repair £50 ____ TOTAL deductions per month £160[30]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[31]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 £640 per month.[32]The Tribunal directed that the new rent of £640 per month should take effect from 17th June 2025 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.