Flat A, White Lodge Court, Pett Level Road, Winchelsea, East Sussex, TN36 4ND: HAV/21UG/MNR/2025/0787 HAV/21UG/MNR/2025/0787
REASONS
[1]On 30th September 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,025 per calendar month(pcm) in place of the existing rent of £595 pcm to take effect from 14th November 2025.[2]On 8th October 2025, 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.[3]The assured tenancy commenced on 14th September 2017 for a term of 6 months. The rental period is monthly. Allocation of Repairs between Landlord and Tenant.[4]As per section 11 of the Landlord and Tenant Act 1985. Services Charges or furniture provided by Landlord (other than carpets and curtain and white goods specified below) and the costs relating to the same.[5]None Liability for Council Tax[6]The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.[7]None Inspection/Hearing[8]Originally the Tribunal was to carry out an inspection of the property but was informed that the Tenant vacated the property on 30th January 2026. Accordingly, the Tribunal determined that it would not attempt to inspect the property. Neither party requested an oral hearing. The Tribunal has considered this case based on the papers provided by the parties and its own knowledge and specialist expertise. The Property[9]The Property is a first floor flat offering the following accommodation: Living Room, kitchen, bedroom, bathroom and boiler room/box room. Outside there is a Car space. The Property benefits from central heating and double glazing. The Property is situated in the Winchelsea Beach area, approximately 2.5 miles south of Rye and 10 miles north-east of Hastings. Evidence[10]Both the Tenant and the Landlord’s Agent made submissions to the Tribunal. The Tenant.[11]The Tenant made the following comments: a) The only kitchen appliance provided was a cooker, and that he provided the curtains. b) The Tenant referred to a number of environmental issues included noise from the Disco on a nearby holiday park, noise and smells from adjoining flats, low water pressure, infestation of slugs and traffic noise.[12]In terms of rental evidence, the Tenant suggests that, referring to properties in the Hastings area, the property would achieve a rent of £745-£835 pcm if recarpeted and £850-£900 pcm with new double glazing and additional soundproofing. The Landlord’s Agent[13]The Landlord’s Agent made the following comments: a) The boxroom is large enough to be potentially used as a bedroom and that Hastings is not a comparable area to Winchelsea. b) The flat is in overall very decent condition and that all windows have recently been repaired and made operational. Determination and Valuation[14]Neither party provided evidence of actual lettings in the area.[15]Relying on its own expert, general knowledge of rental values in the area, and the comments made by the parties, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,000 pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord.[16]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Tenants provision of washing machine, fridge and curtains. b) General ‘environmental’ issues. The full valuation is shown below: Starting Rent £1,000 pcm Less a) Items given under a) above £30 b) Items given under b) above £50 £80 pcm Market rent £920 pcm Undue hardship[12]The new rent takes effect from the date specified in the Landlord’s Notice of Increase unless that would cause undue hardship to the tenant. In cases of undue hardship, the Tribunal has a discretion to fix a later starting date up to the date a Tribunal makes its determination. The Tenant has made no such application. Decision[14]Therefore, the Tribunal determines the market rent at £920 per calendar month with effect from 14th November 2025. APPEAL PROVISIONS If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.