Flat 13 Greenwich House 30-34 Arthur Road Margate Kent CT9 2EN HAV/29UN/MNR/2024/0647

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/29UN/MNR/2024/0647
Between
Ms D Davies and Mr C PriceApplicantM & G KennellyRespondentMs Dee Davies and Mr Christopher PriceTenantMr & Mrs Martin & Georgina KennellyLandlord
Before
Mr I R Perry FRICSMr M C Woodrow MRICSJudge C RaiNone for the ApplicantDate 10 February 2025Property: Flat 13, Greenwich House, 30-34 Arthur Road, Margate, Kent, CT9 2EN

DECISION

The Tribunal determines a rent of £725 per calendar month with effect from 10th December 2024. SUMMARY REASONS Background[1]On 4th November 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £725 per month in place of the existing rent of £700 per month to take effect from 10th December 2024.[2]On 12th November 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. The Tenant’s referral was received by the Tribunal on 9th December 2024. Inspection[3]The Tribunal did not inspect the property but considered this case based on the Evidence[4]There were written submissions from the Tenant, but nothing received from the Landlord. Determination and Valuation[5]The Tribunal was provided with no evidence as to comparable rents in the area and could only rely on its own experience and knowledge.[6]The rent of £700 per month had been agreed between the parties for the previous rental period. In the circumstances the Tribunal considered that an increase of £25 per month for the rent was in line with general rental market increases and the new rent was in line with other properties advertised to rent in the area, and as such determined that the new rent of £725 per month might reasonably be expected to be agreed between a willing landlord and tenant.[7]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.[8]Accordingly, the Tribunal directed that the new rent of £725 per month should take effect from 10th December 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 2025 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : HAV/29UN/MNR/2024/0647 Property : Flat 13 Greenwich House 30-34 Arthur Road Margate Kent CT9 2EN Applicant Tenant : Ms D Davies and Mr C Price Representative : None Respondent Landlords : M & G Kennelly Representative : Countrywide Residential Lettings Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members : Mr I R Perry FRICS Mr M C Woodrow MRICS Judge C Rai Date of Application : 12th November 2024 Date of Decision : 10th February 2025 DECISION The Tribunal determines a rent of £725 per calendar month with effect from 10th December 2024. HAV/29UN/MNR/2024/0647 2 SUMMARY REASONS Background[1]On 4th November 2024 the Landlords’ Agent served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £725 per month in place of the existing rent of £700 per month to take effect from 10th December 2024.[2]On 12th November 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. The Tenant’s referral was received by the Tribunal on 9th December 2024. 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]There were written submissions from the Tenant, but nothing received from the Landlord. Determination and Valuation[5]The Tribunal was provided with no evidence as to comparable rents in the area and could only rely on its own experience and knowledge.[6]The rent of £700 per month had been agreed between the parties for the previous rental period. In the circumstances the Tribunal considered that an increase of £25 per month for the rent was in line with general rental market increases and the new rent was in line with other properties advertised to rent in the area, and as such determined that the new rent of £725 per month might reasonably be expected to be agreed between a willing landlord and tenant.[7]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.[8]Accordingly, the Tribunal directed that the new rent of £725 per month should take effect from 10th December 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.