Flat 1, Phillimore Court 2 Phillimore Road Southampton Hampshire SO16 2NR HAV/00MS/MNR/2025/0602

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/00MS/MNR/2025/0602
Between
Mr M WardropApplicantPlaces for People Homes LimitedRespondentMr M WardropTenantPlaces for People Homes LimitedLandlord
Before
Mr J G G Wilson MRICS FCIArbMr J Reichel MRICSJudge D GethinNone for the ApplicantDate 10 March 2025Property: Flat 1, Phillimore Court, 2 Phillimore Road, Southampton, Hampshire, SO16 2NR

DECISION

The Tribunal determines a rent of £850 (Eight Hundred and Fifty Pounds) Per Calendar Month with effect from 1 January 2025. SUMMARY REASONS Background[1]On 22 October 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £762 per month in place of the existing rent of £693 per month to take effect from 1 January 2025.[2]On 29 December 2024 under Section 13(4) 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.[4]Phillimore Court is a purpose-built block of flats over ground and two upper floors. It is of traditional brick construction with a pitched tiled roof. Flat 1 is on the ground floor with accommodation as follows: entrance lobby off the common parts, one reception room with open plan kitchen, one bedroom and one bathroom/WC. Outside – a private garden which is accessed from the reception room. Evidence[5]The Tribunal has considered the Rent Appeal Statement given by Mr T Grautstuck of Touchstone Residential on behalf of the Landlord to the Tribunal and copied to the Tenant, dated 22 January 2025. In addition, the Tribunal has considered the Rent Appeal Statement given by the Tenant, Mr Wardrop, to the Tribunal and copied to the Landlord’s Agent, dated 3 February 2025. Both Statements were given in accordance with the Tribunal’s Directions, dated 22 January 2025.[6]Within Mr Grautstuck’s Statement are two documents in pdf (‘portable document format’);(1) a Schedule of condition, which includes various photographs of the property; and(2) a Price Guide for SO16 2NR from 1 January 2024 to 22 January 2025.[7]With respect to the property, both parties in their Statements: confirm the accommodation; and detail that central heating, double glazing, carpets and curtains and white goods are provided by the Landlord. In addition, there is both a private garden and access to communal gardens. From the Price Guide, the Tribunal understands that off-street parking at Phillimore Court is on a first-come, first-served basis.[8]The Tribunal has been provided with a copy of the Tenancy agreement dated 16 October 2019.[9]There are ten (10) properties in Mr Grautstuck’s Price Guide report with a range of letting values from £850 per calendar month to £995 per calendar month. Mr Grautstuck goes on to say ‘’3 of these properties lie within Phillimore Court and were let for £850 and £895.’’[10]In his Statement, Mr Wardrop confirms Mr Grautstuck’s description of the property outlined at paragraph 6 above.[11]Mr Wardrop goes on to say ‘’…am awaiting on the mould in the bathroom to be done.’’ Determination and Valuation[12]After reviewing the comparable lettings’ properties in the Price Guide given by Mr Grautstuck, including those within Phillimore Court and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the market rent for the property in good tenantable condition is £850 (Eight Hundred and Fifty Pounds) Per Calendar Month.[13]From the information and evidence given by the parties in their Statements, the property is in good tenantable condition and includes all those features associated with a residential letting. Accordingly, the Tribunal has concluded that no adjustment is required to the market rent.[14]The Tribunal therefore decided that the rent at which the property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £850 (Eight Hundred and Fifty Pounds) Per Calendar Month.[15]The Tenant has made no representation that the starting date for the new rent specified in the Landlord’s notice would cause him undue hardship.[16]Accordingly, the Tribunal directs that the new rent of £850 Per Calendar Month should take effect from 1 January 2025. This being the date specified in the Landlord’s Notice proposing a new rent.[17]The new rent is higher than the sum of £762 per month sought by the Landlord in their Notice. It is at the Landlord’s discretion whether to seek in payment from their Tenant the Tribunal’s decision, or the sum which was applied for in their 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/00MS/MNR/2025/0602 Property : Flat 1, Phillimore Court 2 Phillimore Road Southampton Hampshire SO16 2NR Applicant Tenant : Mr M Wardrop Representative : None Respondent Landlord : Places for People Homes Limited Representative : C/o Touchstone Corporate Property Services Limited Type of Application : Determination of a Market Rent - sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr J G G Wilson MRICS FCIArb Mr J Reichel MRICS Judge D Gethin Date of Application : 29 December 2024 Date of Decision : 10 March 2025 DECISION The Tribunal determines a rent of £850 (Eight Hundred and Fifty Pounds) Per Calendar Month with effect from 1 January 2025. HAV/00MS/MNR/2025/0602 2 SUMMARY REASONS Background[1]On 22 October 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £762 per month in place of the existing rent of £693 per month to take effect from 1 January 2025.[2]On 29 December 2024 under Section 13(4) 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.[4]Phillimore Court is a purpose-built block of flats over ground and two upper floors. It is of traditional brick construction with a pitched tiled roof. Flat 1 is on the ground floor with accommodation as follows: entrance lobby off the common parts, one reception room with open plan kitchen, one bedroom and one bathroom/WC. Outside – a private garden which is accessed from the reception room. Evidence[5]The Tribunal has considered the Rent Appeal Statement given by Mr T Grautstuck of Touchstone Residential on behalf of the Landlord to the Tribunal and copied to the Tenant, dated 22 January 2025. In addition, the Tribunal has considered the Rent Appeal Statement given by the Tenant, Mr Wardrop, to the Tribunal and copied to the Landlord’s Agent, dated 3 February 2025. Both Statements were given in accordance with the Tribunal’s Directions, dated 22 January 2025.[6]Within Mr Grautstuck’s Statement are two documents in pdf (‘portable document format’);(1) a Schedule of condition, which includes various photographs of the property; and(2) a Price Guide for SO16 2NR from 1 January 2024 to 22 January 2025.[7]With respect to the property, both parties in their Statements: confirm the accommodation; and detail that central heating, double glazing, carpets and curtains and white goods are provided by the Landlord. In addition, there is both a private garden and access to communal gardens. From the Price Guide, the Tribunal understands that off-street parking at Phillimore Court is on a first- come, first-served basis.[8]The Tribunal has been provided with a copy of the Tenancy agreement dated 16 October 2019.[9]There are ten (10) properties in Mr Grautstuck’s Price Guide report with a range of letting values from £850 per calendar month to £995 per calendar month. Mr HAV/00MS/MNR/2025/0602 3 Grautstuck goes on to say ‘’3 of these properties lie within Phillimore Court and were let for £850 and £895.’’[10]In his Statement, Mr Wardrop confirms Mr Grautstuck’s description of the property outlined at paragraph 6 above.[11]Mr Wardrop goes on to say ‘’…am awaiting on the mould in the bathroom to be done.’’ Determination and Valuation[12]After reviewing the comparable lettings’ properties in the Price Guide given by Mr Grautstuck, including those within Phillimore Court and of its own expert, general knowledge of rental values in the area, the Tribunal determines that the market rent for the property in good tenantable condition is £850 (Eight Hundred and Fifty Pounds) Per Calendar Month.[13]From the information and evidence given by the parties in their Statements, the property is in good tenantable condition and includes all those features associated with a residential letting. Accordingly, the Tribunal has concluded that no adjustment is required to the market rent.[14]The Tribunal therefore decided that the rent at which the property might reasonably be expected to be let in the open market by a willing Landlord under the terms of this assured tenancy was £850 (Eight Hundred and Fifty Pounds) Per Calendar Month.[15]The Tenant has made no representation that the starting date for the new rent specified in the Landlord’s notice would cause him undue hardship.[16]Accordingly, the Tribunal directs that the new rent of £850 Per Calendar Month should take effect from 1 January 2025. This being the date specified in the Landlord’s Notice proposing a new rent.[17]The new rent is higher than the sum of £762 per month sought by the Landlord in their Notice. It is at the Landlord’s discretion whether to seek in payment from their Tenant the Tribunal’s decision, or the sum which was applied for in their 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.