Flat 3 83 Coles Avenue Poole Dorset BH15 4HJ HAV/00HQ/MNR/2025/0724

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/00HQ/MNR/2025/0724
Between
Ms D RuleApplicantPentview Estates LtdRespondentMs Daisy-Mae RuleTenantPentview Estates LtdLandlord
Before
Mr I R Perry FRICSMr N I Robinson FRICSJudge C TaylorNone for the ApplicantDate 27 August 2025Property: Flat 3, 83 Coles Avenue, Poole, Dorset, BH15 4HJ

DECISION

The Tribunal determines a rent of £845 per calendar month with effect from 20th July 2025. SUMMARY REASONS Background[1]On 26th May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £995 per month in place of the existing rent of £785 per month to take effect from 20th July 2025.[2]Under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. The Tenant’s referral was received by the Tribunal on 30th June 2025. Inspection[3]The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence[4]Directions were issued by the Tribunal on 22nd July 2025. The Landlord duly sent representations by the date specified.[5]The Tenant filed her representations 6 days later than specified in the Directions and was asked by the Tribunal to make a Case Management Application for her representations to be received.[6]Before proceeding any further, the Tribunal first considered whether it should accept the late application from the Tenant. Given the overriding objective of making an equitable decision the Tribunal decided that it would accept the late papers. Determination and Valuation[7]Having given consideration to the comparable evidence provided by the parties and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenantable condition would be £995 per calendar month.[8]Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.[9]In this case the property is not let in such condition so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the dated kitchen and bathroom fittings and for damp/mould.[10]The full valuation is shown below: Full open market rent in good condition £995 Less deductions for:- Dated kitchen £75 Dated bathroom £25 Damp/mould £50 ____ TOTAL RENT PAYABLE PER MONTH £845[11]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 £845 per month.[12]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.[13]Accordingly, the Tribunal directed that the new rent of £845 per month should take effect from 20th July 2025 this being the date specified in the notice. APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA. --- decision_2.pdf --- © CROWN COPYRIGHT 2025 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00HQ/MNR/2025/0724 Property : Flat 3 83 Coles Avenue Poole Dorset BH15 4HJ Applicant Tenant : Ms D Rule Representative : None Respondent Landlord : Pentview Estates 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 N I Robinson FRICS Judge C Taylor Application Received : 30th June 2025 Date of Decision : 27th August 2025 DECISION The Tribunal determines a rent of £845 per calendar month with effect from 20th July 2025. HAV/00HQ/MNR/2025/0724 SUMMARY REASONS Background[1]On 26th May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £995 per month in place of the existing rent of £785 per month to take effect from 20th July 2025.[2]Under Section 13(4)(a) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent. The Tenant’s referral was received by the Tribunal on 30th June 2025. Inspection[3]The Tribunal did not inspect the property but considered this case based on the papers provided by the parties and information freely available on the internet. Evidence[4]Directions were issued by the Tribunal on 22nd July 2025. The Landlord duly sent representations by the date specified.[5]The Tenant filed her representations 6 days later than specified in the Directions and was asked by the Tribunal to make a Case Management Application for her representations to be received.[6]Before proceeding any further, the Tribunal first considered whether it should accept the late application from the Tenant. Given the overriding objective of making an equitable decision the Tribunal decided that it would accept the late papers. Determination and Valuation[7]Having given consideration to the comparable evidence provided by the parties and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the open market rent for the property in good tenantable condition would be £995 per calendar month.[8]Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.[9]In this case the property is not let in such condition so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the dated kitchen and bathroom fittings and for damp/mould.[10]The full valuation is shown below: HAV/00HQ/MNR/2025/0724 Full open market rent in good condition £995 Less deductions for:- Dated kitchen £75 Dated bathroom £25 Damp/mould £50 ____ TOTAL RENT PAYABLE PER MONTH £845[11]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 £845 per month.[12]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.[13]Accordingly, the Tribunal directed that the new rent of £845 per month should take effect from 20th July 2025 this being the date specified in the notice. APPEAL PROVISIONS These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.