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22, Coptefield Drive, Belvedere, DA17 5RJ LON/00AD/MNR/2025/0686
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No
LON/00AD/MNR/2025/0686
Between
Naomi Efoula
Applicant
Mr Brian Farmery
Respondent
Before
Mr D Jagger MRICS
None Date of Objection : 5 February 2025
for the Applicant
Date
15 July 2025
Property: 22 Coptefield Drive, Belvedere, DA17, 5RJ, Mr Brian Farmery
DECISION
The Tribunal determines a rent of
£1,350
per calendar month with effect from
15 July 2025
. ____________________________________ © CROWN COPYRIGHT 2023 SUMMARY REASONS Background
[1]
The Landlord served a notice under
Section 13(2) of the Housing Act 1988
dated
29 January 2025
which proposed a new rent of
£1,500
per month in place of the existing rent of
£1,040
per month to take effect from
1 March 2025
.
[2]
On the
5 February 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.
[3]
The parties did not request a hearing or an inspection to determine this matter and the Tribunal agreed with this arrangement. Therefore, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps. Evidence
[4]
The Tribunal has received completed statements from the parties together with a floor plan and schedules of comparable evidence from each. Determination and Valuation
[5]
Having consideration of the comparable evidence provided by the parties and our own expert, general knowledge of rental values in the Belvedere area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be
£1,500
per month.
[6]
The Tribunal has considered carefully the party’s submissions and using its own expertise, we consider a deduction of
£150
per month should be applied to take into account no white goods provided by the Landlord and no heating system other than basic electric heaters which have recently been upgraded. This reduces the rental figure to
£1,350
per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based on capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. Decision
[8]
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 in its current condition was
£1,350
per calendar month.
[9]
In her evidence the tenant made an application to the Tribunal under s14(7) This provision allows the Tribunal to defer the date of increase to the date of determination if it appeared to the Tribunal that it would cause hardship to the tenant. The tenant confirmed the increase in rent proposed by the Landlord was due to take effect on
1st March 2025
would cause undue hardship. The Tenant is currently on maternity leave and awaiting to go back to work with no fixed date due to childcare issues. It is stated it has been proposed the Tenant return to work on a part time basis instead of full time due to childcare issues which will result in an extra financial strain.
[10]
The Tribunal has considered this request and on the balance of the evidence provided, the conclusion of the Tribunal is that there is sufficient substantiation to show such undue hardship and accordingly the start date for the rent increase is deferred to the date of this decision.
[11]
The Tribunal directs the new rent of
£1,350
per month to take effect on the
15 July 2025
. This being the date of the Tribunal’s decision. Chairman: Duncan Jagger MRICS Date:
15 July 2025
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 subsequent application for permission to appeal should be made on Form RP PTA. --- decision_2.pdf --- 1 Case Reference : LON/00AD/MNR/2025/0686 Property : 22, Coptefield Drive, Belvedere, DA17 5RJ Tenant : Naomi Efoula Landlord : Brian Farmery Representative : None Date of Objection :
5 February 2025
Type of Application : Determination of a Market Rent sections 13 & 14 of the
Housing Act 1988
Tribunal : Mr D Jagger MRICS Date of Summary Reasons :
15 July 2025
_______________________________________________ DECISION The Tribunal determines a rent of
£1,350
per calendar month with effect from
15 July 2025
. ____________________________________ FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) 2 © CROWN COPYRIGHT 2023 SUMMARY REASONS Background
[1]
The Landlord served a notice under
Section 13(2) of the Housing Act 1988
dated
29 January 2025
which proposed a new rent of
£1,500
per month in place of the existing rent of
£1,040
per month to take effect from
1 March 2025
.
[2]
On the
5 February 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.
[3]
The parties did not request a hearing or an inspection to determine this matter and the Tribunal agreed with this arrangement. Therefore, this case was considered on the basis of the papers provided by the parties with the assistance of Rightmove and Google Maps. Evidence
[4]
The Tribunal has received completed statements from the parties together with a floor plan and schedules of comparable evidence from each. Determination and Valuation
[5]
Having consideration of the comparable evidence provided by the parties and our own expert, general knowledge of rental values in the Belvedere area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be
£1,500
per month.
[6]
The Tribunal has considered carefully the party’s submissions and using its own expertise, we consider a deduction of
£150
per month should be applied to take into account no white goods provided by the Landlord and no heating system other than basic electric heaters which have recently been upgraded. This reduces the rental figure to
£1,350
per month. It should be noted that this figure cannot be a simple arithmetical calculation and is not based on capital costs but is the Tribunal’s estimate of the amount by which the rent would need to be reduced to attract a tenant. Decision
[8]
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 in its current condition was
£1,350
per calendar month. 3
[9]
In her evidence the tenant made an application to the Tribunal under s14(7) This provision allows the Tribunal to defer the date of increase to the date of determination if it appeared to the Tribunal that it would cause hardship to the tenant. The tenant confirmed the increase in rent proposed by the Landlord was due to take effect on
1st March 2025
would cause undue hardship. The Tenant is currently on maternity leave and awaiting to go back to work with no fixed date due to childcare issues. It is stated it has been proposed the Tenant return to work on a part time basis instead of full time due to childcare issues which will result in an extra financial strain.
[10]
The Tribunal has considered this request and on the balance of the evidence provided, the conclusion of the Tribunal is that there is sufficient substantiation to show such undue hardship and accordingly the start date for the rent increase is deferred to the date of this decision.
[11]
The Tribunal directs the new rent of
£1,350
per month to take effect on the
15 July 2025
. This being the date of the Tribunal’s decision. Chairman: Duncan Jagger MRICS Date:
15 July 2025
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 subsequent application for permission to appeal should be made on Form RP PTA.
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