Flat 3 Lavender Court, Molesham Way, West Molesey, Surrey, KT8 1NY HAV/43UB/MNR/2024/0501

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No HAV/43UB/MNR/2024/0501
Between
M BarnesApplicantArea Estates Limited C/O Hamways LtdRespondentMr Michael BarnesTenantArea Estates LimitedLandlord
Before
R Waterhouse FRICSM Woodrow MRICSDate 14 October 2024Property: Flat 3, Lavender Court, Molesham Way, West Molesey, Surrey, KT8 1NY

DECISION

The Tribunal determines a rent of £1100.00 per calendar month with effect from 31 August 2024. ____________________________________ SUMMARY REASONS Background[1]On 26 June 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1100.00 per month in place of the existing rent of £950.00 per month to take effect from 31 August 2024.[2]On 2 August 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. The Tenant’s referral was received by the Tribunal on 6 August 2024. Inspection[3]The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties. Evidence[4]The Tribunal has considered the written submissions provided by the Tenant and the Landlord. These stated the property is a two-bedroom flat, comprising, one living room, one bathroom and WC located on the first floor in a purpose-built block dating from the 1960s. Additionally there is a garage. The Tribunal notes the specification of the flat as provided by the Landlords and the Tenants submissions. Determination and Valuation[5]Having considered the comparable evidence provided by the parties and our own expert general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1100.00 per calendar month.[6]The Tribunal determines a rent of £1100.00 per calendar month. Decision[7]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1100.00 per calendar month.[8]The Tribunal directs the new rent of £1100.00 per calendar month to take effect on 31 August 2024, this being the date as set out in the Landlord’s Notice of Increase. 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 --- 1 Case Reference : HAV/43UB/MNR/2024/0501 Property : Flat 3 Lavender Court, Molesham Way, West Molesey, Surrey, KT8 1NY Tenant : M Barnes Landlord : Area Estates Limited C/O Hamways Ltd Date of Objection : 2 August 2024 Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal : R Waterhouse FRICS M Woodrow MRICS Date of Summary Reasons : 14 October 2024 © CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 _______________________________________________ DECISION The Tribunal determines a rent of £1100.00 per calendar month with effect from 31 August 2024. ____________________________________ SUMMARY REASONS Background[1]On 26 June 2024 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1100.00 per month in place of the existing rent of £950.00 per month to take effect from 31 August 2024.[2]On 2 August 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. The Tenant’s referral was received by the Tribunal on 6 August 2024. Inspection[3]The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties. Evidence[4]The Tribunal has considered the written submissions provided by the Tenant and the Landlord. These stated the property is a two-bedroom flat, comprising, one living room, one bathroom and WC located on the first floor in a purpose-built block dating from the 1960s. Additionally there is a garage. The Tribunal notes the specification of the flat as provided by the Landlords and the Tenants submissions. Determination and Valuation[5]Having considered the comparable evidence provided by the parties and our own expert general knowledge of rental values in the area, we consider that the open market rent for the property in its current condition would be in the region of £1100.00 per calendar month.[6]The Tribunal determines a rent of £1100.00 per calendar month. Decision[7]The Tribunal therefore determined that the rent at which the subject property might reasonably be expected to be let in the open market by a willing Landlord under an assured tenancy was £1100.00 per calendar month. 3[8]The Tribunal directs the new rent of £1100.00 per calendar month to take effect on 31 August 2024, this being the date as set out in the Landlord’s Notice of Increase. 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.