2 Madeira Court Clifton Crescent Folkestone Kent CT20 2ER HAV/29UL/MNR/2025/0624

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/29UL/MNR/2025/0624
Between
Ms M WorochApplicantMs J FowlerRespondentMs Martyna WorochTenantMs Joanna FowlerLandlord
Before
Mr I R Perry FRICSMr J S Reichel MRICSJudge GethinNone for the ApplicantDate 23 April 2025Property: 2 Madeira Court, Clifton Crescent, Folkestone, Kent, CT20 2ER

DECISION

The Tribunal determines a rent of £1,100 per calendar month with effect from 1st February 2025. SUMMARY REASONS Background[1]On 31st December 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,000 per month in place of the existing rent of £950 per month to take effect from 1st February 2025.[2]On 30th January 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. 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. 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 tenantable condition would be £1,200 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 condition or with all white goods supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the lack of provision of a washing machine and fridge, for minor repairs and for a low Energy Performance Rating.[8]The full valuation is shown below: Full open market rent in good condition £1,200 Less deductions for:- Tenant’s provision of washing machine and fridge £20 Minor repairs £30 Poor EPC rating £50 ____ TOTAL RENT PAYABLE PER MONTH £1,100[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 £1,100 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 £1,100 per month should take effect from 1st February 2025, this being the date specified in the notice.[12]The Tribunal is aware that this rent is higher than the rent proposed by the Landlord within the Notice. The Landlord is not obliged to charge this higher figure. 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/29UL/MNR/2025/0624 Property : 2 Madeira Court Clifton Crescent Folkestone Kent CT20 2ER Applicant Tenant : Ms M Woroch Representative : None Respondent Landlord : Ms J Fowler 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 J S Reichel MRICS Judge Gethin Date of Application : 30th January 2025 Date of Decision : 23rd April 2025 DECISION The Tribunal determines a rent of £1,100 per calendar month with effect from 1st February 2025. HAV/29UL/MNR/2025/0624 2 SUMMARY REASONS Background[1]On 31st December 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,000 per month in place of the existing rent of £950 per month to take effect from 1st February 2025.[2]On 30th January 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. 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. 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 tenantable condition would be £1,200 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 condition or with all white goods supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for the lack of provision of a washing machine and fridge, for minor repairs and for a low Energy Performance Rating.[8]The full valuation is shown below: Full open market rent in good condition £1,200 Less deductions for:- Tenant’s provision of washing machine and fridge £20 Minor repairs £30 Poor EPC rating £50 ____ TOTAL RENT PAYABLE PER MONTH £1,100 HAV/29UL/MNR/2025/0624 3[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 £1,100 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 £1,100 per month should take effect from 1st February 2025, this being the date specified in the notice.[12]The Tribunal is aware that this rent is higher than the rent proposed by the Landlord within the Notice. The Landlord is not obliged to charge this higher figure. 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.