48 Southsea Avenue Minster-on-Sea Sheerness Kent ME12 2JX HAV/29UM/MNR/2025/0804

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/29UM/MNR/2025/0804
Between
Mrs R HoultApplicantMrs V ClarkeRespondentMs Rowena HoultTenantMs Valerie ClarkeLandlord
Before
Mr I R Perry FRICSMs C D Barton MRICSNone for the ApplicantDate 31 December 2025Property: 48 Southsea Avenue, Minster-on-Sea, Sheerness, Kent, ME12 2JX

DECISION

SUMMARY REASONS Decision The Tribunal determines a Market Rent of £1,600 from 1st December 2025. Background[1]On 31st October 2025 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,750 per month in place of the existing rent of £920.83 per month to take effect from 1st December 2025.[2]On 2nd November 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]The Tribunal notes that the Landlord is the mother of the Tenant and the previous Tenant was Mrs Hoult’s brother. The property was initially let to Mrs Hoult at a concessionary rent. This relationship has no bearing on the Parties’ rights and responsibilities as Landlord and Tenant and is not taken into account by the Tribunal.[6]The submissions provided to the Tribunal include information detailing personal circumstances of the Parties. In accordance with the appropriate legislation these are not taken into account by the Tribunal in reaching its decision.[7]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 £1,800 per calendar month.[8]Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord, and the Tenant would have the benefit of sole use of the property for herself and her son.[9]In this case the property is not let in such condition so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for belongings of the previous Tenant (the Landlord’s son) being left in the property and for general wants of repair as detailed with supporting photographs.[10]The full valuation is shown below: Full open market rent in good condition £1,800 Less deductions for:- Previous Tenant’s belongings £100 General wants of repair £100 ____ TOTAL RENT PAYABLE PER MONTH £1,600[11]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 £1,600 per month.[12]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.[13]Accordingly, the Tribunal directed that the new rent of £1,600 per month should take effect from 1st December 2025.[14]The Tribunal has not made an adjustment in rent to reflect the previous Tenant’s continued use of the electrical charging point. The Tenant should take independent advice regarding this intrusion. 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/29UM/MNR/2025/0804 Property : 48 Southsea Avenue Minster-on-Sea Sheerness Kent ME12 2JX Applicant Tenant : Mrs R Hoult Representative : None Respondent Landlord : Mrs V Clarke Representative : Whitehead Monckton Limited Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Ms C D Barton MRICS Date of Application : 2nd November 2025 Date of Decision : 31st December 2025 DECISION HAV/29UM/MNR/2025/0804 SUMMARY REASONS Decision The Tribunal determines a Market Rent of £1,600 from 1st December 2025. Background[1]On 31st October 2025 the Landlord’s Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,750 per month in place of the existing rent of £920.83 per month to take effect from 1st December 2025.[2]On 2nd November 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]The Tribunal notes that the Landlord is the mother of the Tenant and the previous Tenant was Mrs Hoult’s brother. The property was initially let to Mrs Hoult at a concessionary rent. This relationship has no bearing on the Parties’ rights and responsibilities as Landlord and Tenant and is not taken into account by the Tribunal.[6]The submissions provided to the Tribunal include information detailing personal circumstances of the Parties. In accordance with the appropriate legislation these are not taken into account by the Tribunal in reaching its decision.[7]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 £1,800 per calendar month.[8]Such a tenancy would normally include white goods, carpets, curtains/blinds and associated fittings to all be provided by the Landlord, and the Tenant would have the benefit of sole use of the property for herself and her son. HAV/29UM/MNR/2025/0804[9]In this case the property is not let in such condition so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for belongings of the previous Tenant (the Landlord’s son) being left in the property and for general wants of repair as detailed with supporting photographs.[10]The full valuation is shown below: Full open market rent in good condition £1,800 Less deductions for:- Previous Tenant’s belongings £100 General wants of repair £100 ____ TOTAL RENT PAYABLE PER MONTH £1,600[11]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 £1,600 per month.[12]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.[13]Accordingly, the Tribunal directed that the new rent of £1,600 per month should take effect from 1st December 2025.[14]The Tribunal has not made an adjustment in rent to reflect the previous Tenant’s continued use of the electrical charging point. The Tenant should take independent advice regarding this intrusion. 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.