Flat 7 Elmlea Court 131-133 Lodge Road Southampton Hampshire SO14 6QT HAV/00MS/MNR/2024/0502

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/00MS/MNR/2024/0502
Between
Ms S StintonApplicantMs J BathRespondentMs Stephanie StintonTenantMYA Property LtdLandlord
Before
Mr I R Perry FRICSMr J S Reichel MRICSNone Landlord : Ms J Bath Representative : MYA Property Ltd for the ApplicantDate 21 October 2024Property: Flat 7, Elmlea Court, 131-133 Lodge Road, Southampton, Hampshire, SO14 6QT

DECISION

The Tribunal determines a rent of £800 per calendar month with effect from 14th September 2024. SUMMARY REASONS Background[1]On 13th August 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per month in place of the existing rent of £725 per month to take effect from 14th September 2024.[2]On the same date 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. 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]The Tribunal has considered the written submissions provided by the Parties. Determination and Valuation[5]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 tenable condition would be in the region of £850 per calendar month.[6]Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord.[7]In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for Tenant’s provision of fridge and condition of carpets.[8]The full valuation is shown below: Full open market rent in good condition £850 Less deductions for:- Tenant’s provision of fridge £10 Age and condition of carpets £40 ____ TOTAL RENT PAYABLE PER MONTH £800[9]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 £800 per month.[10]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.[11]Accordingly, the Tribunal directed that the new rent of £800 per month should take effect from 14th September 2024, 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. Ay 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 2024 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/00MS/MNR/2024/0502 Property : Flat 7 Elmlea Court 131-133 Lodge Road Southampton Hampshire SO14 6QT Tenant : Ms S Stinton Representative : None Landlord : Ms J Bath Representative : MYA Property Ltd Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Mr J S Reichel MRICS Date of Application : 13th August 2024 Date of Summary Reasons : 21st October 2024 DECISION The Tribunal determines a rent of £800 per calendar month with effect from 14th September 2024. HAV/00MS/MNR/2024/0502 2 SUMMARY REASONS Background[1]On 13th August 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £850 per month in place of the existing rent of £725 per month to take effect from 14th September 2024.[2]On the same date 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. 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]The Tribunal has considered the written submissions provided by the Parties. Determination and Valuation[5]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 tenable condition would be in the region of £850 per calendar month.[6]Such a tenancy would normally include white goods, carpets and curtains/blinds to all be provided by the Landlord.[7]In this case the property is not let in such condition or with white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for Tenant’s provision of fridge and condition of carpets.[8]The full valuation is shown below: Full open market rent in good condition £850 Less deductions for:- Tenant’s provision of fridge £10 Age and condition of carpets £40 ____ TOTAL RENT PAYABLE PER MONTH £800[9]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 £800 per month. HAV/00MS/MNR/2024/0502 3[10]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.[11]Accordingly, the Tribunal directed that the new rent of £800 per month should take effect from 14th September 2024, 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. Ay request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.