24 Westbrook Road Margate Kent CT9 5AU HAV/29UN/MNR/2024/0612

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/29UN/MNR/2024/0612
Between
Ms A Chesher-BrazierApplicantJ Ahmed and N ChowdhuryRespondentMs Abbey Chesher-BrazierTenantMr Jamal Ahmed & Mrs Nazma ChowdhuryLandlord
Before
Mr I R Perry FRICSMr B W H Bourne MRICS MCIArbNone for the ApplicantDate 2 December 2024Property: 24 Westbrook Road, Margate, Kent, CT9 5AU

DECISION

The Tribunal determines a rent of £1,400 per calendar month with effect from 19th October 2024. SUMMARY REASONS Background[1]On 11th September 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500 per month in place of the existing rent of £1,350 per month to take effect from 19th October 2024.[2]On 10th October 2024 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 Landlords’ 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 £1,450 per calendar month. This figure takes into account the proximity of the property to the Railway Line.[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 white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for ……[8]The full valuation is shown below: Full open market rent in good condition £1,450 Less deductions for:- General wants of repair £50 ____ TOTAL RENT PAYABLE PER MONTH £1,400[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 £1,400 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 £1,400 per month should take effect from 19th October 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/29UN/MNR/2024/0612 Property : 24 Westbrook Road Margate Kent CT9 5AU Applicant Tenant : Ms A Chesher-Brazier Representative : None Respondent Landlord : J Ahmed and N Chowdhury 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 B W H Bourne MRICS MCIArb Date of Application : 10th October 2024 Date of Decision : 2nd December 2024 DECISION The Tribunal determines a rent of £1,400 per calendar month with effect from 19th October 2024. HAV/29UN/MNR/2024/0612 2 SUMMARY REASONS Background[1]On 11th September 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,500 per month in place of the existing rent of £1,350 per month to take effect from 19th October 2024.[2]On 10th October 2024 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 Landlords’ 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 £1,450 per calendar month. This figure takes into account the proximity of the property to the Railway Line.[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 white goods, carpets and curtains all supplied so some adjustments to the ‘open market rent’ are necessary. In particular the Tribunal has made the adjustments for ……[8]The full valuation is shown below: Full open market rent in good condition £1,450 Less deductions for:- General wants of repair £50 ____ TOTAL RENT PAYABLE PER MONTH £1,400 HAV/29UN/MNR/2024/0612 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 £1,400 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 £1,400 per month should take effect from 19th October 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.