7 Cherry Orchard Whitchurch Hampshire RG28 7HS HAV/24UB/MNR/2024/0624

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/24UB/MNR/2024/0624
Between
Mr T Davidson and Mr B MoyoApplicantMr M PhillipsRespondentMr Thomas Davidson & Mr Benjamin MoyoTenantMr Martin PhillipsLandlord
Before
Mr I R Perry FRICSMr S J Hodges FRICSNone for the ApplicantDate 19 December 2024Property: 7 Cherry Orchard, Whitchurch, Hampshire, RG28 7HS

DECISION

The Tribunal determines a rent of £1,275 per calendar month with effect from 25th November 2024. SUMMARY REASONS Background[1]On 17th October 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,350 per month in place of the existing rent of £1,100 per month to take effect from 25th November 2024.[2]On 27th October 2024 under Section 13(4)(a) of the Housing Act 1988, the Tenants 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 Tenant and the Landlord’s Agent. 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 £1,300 per calendar month.[6]Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.[7]In this case the property is not let in such tenable condition and the Tribunal decided that a reduction of £25 per month should be made to reflect the minor wants of repair detailed in the Tenants application.[8]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 £1,275 per month.[9]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. Accordingly, the Tribunal directed that the new rent of £1,275 per month should take effect from 25th November 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. 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 2024 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/24UB/MNR/2024/0624 Property : 7 Cherry Orchard Whitchurch Hampshire RG28 7HS Applicant Tenant : Mr T Davidson and Mr B Moyo Representative : None Respondent Landlord : Mr M Phillips Representative : Your Move Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Mr S J Hodges FRICS Date of Application : 27th October 2024 Date of Decision : 19th December 2024 DECISION The Tribunal determines a rent of £1,275 per calendar month with effect from 25th November 2024. HAV/24UB/MNR/2024/0624 2 SUMMARY REASONS Background[1]On 17th October 2024 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,350 per month in place of the existing rent of £1,100 per month to take effect from 25th November 2024.[2]On 27th October 2024 under Section 13(4)(a) of the Housing Act 1988, the Tenants 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 Tenant and the Landlord’s Agent. 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 £1,300 per calendar month.[6]Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord.[7]In this case the property is not let in such tenable condition and the Tribunal decided that a reduction of £25 per month should be made to reflect the minor wants of repair detailed in the Tenants application.[8]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 £1,275 per month.[9]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. Accordingly, the Tribunal directed that the new rent of £1,275 per month should take effect from 25th November 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 HAV/24UB/MNR/2024/0624 3 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.