First-tier Tribunal Adjusts Rent Based on Property Condition

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. TR/LON/OOBB/MNR/2025/0850

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were [ADDRESS], [POSTCODE]

[NAME] C Piarroux JP

Landlord [NAME], Nine Mile Ride, Wokingham, Berkshire, [POSTCODE]

Tenant [APPELLANT] [NAME]

1. The rent is: £ 1450.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 22 October 2025

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 13 June 2020

6. Length of the term or rental period

7. Allocation of liability for repairs Landlord external structural

8. Furniture provided by landlord or superior landlord Assorted furniture

9. Description of premises 2-bedroom flat with living room, kitchen and bathroom on seventh floor of purpose-built block

[NAME] of Decision 22 October 2025

1

Case Reference

: TR/LON/OOBB/MNR/2025/0850

Property : [ADDRESS], [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [NAME] of Objection : 10 June 2025

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal

: [NAME] C Piarroux JP

Date of Full Reasons : 22 October 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £1450 per month to be paid from 22 October 2025 under the Housing Act 1988 section 13. ____________________________________

Full REASONS

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 Background

1. On 12 May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1750.00 per month in place of the existing rent of £1350.00 per month to take effect from 13 June 2025.

2. An application dated 10 June 2025 was made 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 application was accompanied by the Notice of Increase of Rent and, a copy of the tenancy agreement which was initially commenced on 13 June 2020 and extended by virtue of a Supplement Agreement dated 4 October 2021 for a period expiring 12 October 2022.

4. Directions were issued to the parties on 30 July 2025.

Inspection

5. The Tribunal did inspect the property on the same day as the hearing and found the flat to be contained in local authority block of seven floors. The building is constructed of concrete. The communal parts are in reasonable repair but modest, there is a lift which serves the block which was functioning. The flat itself is on the seventh floor and overlooks London City Airport. The flat has UPVC double glazing, the double glazing is relatively old, and no trickle vents were noted. The flat has a central hallway from which there are two bedrooms, a kitchen and a bathroom. The bathroom contains a bath with overhead shower, with mixer taps, WC and basin. The kitchen units are in poor condition. The living room has a part enclose that formerly was a balcony, there is evidence of some water leakage. The ceiling in some of the rooms shows also evidence of water leakage from the roof above. The property is centrally heated, there is evidence of black mould around the windows, additionally there are areas where some plaster has come away from the wall and minor cracking is also evident.

Hearing

6. Present at the hearing were; the applicant [APPELLANT] [NAME] and for the respondent [APPELLANT] [NAME] the Team Manager and [RESPONDENT] the property manager.

Preliminary matters

7. The [NAME] first, requested on the day before the hearing to convert the hearing into a hybrid hearing for their attendance, second, on the same day the [NAME] requested the hearing be adjourned on the basis that the member of staff previously handling the case was no longer available. Third that evidence be submitted on the morning of the hearing and whether evidence could be submitted after the hearing. The tribunal agreed to conversion of the hearing to a hybrid hearing; however, the landlord's representative had been notified of the hearing on 9 October 2025, and the tribunal refused the application for adjournment. In respect of the request for late submission of evidence, the request to submit evidence on the morning of

3 the tribunal and subsequent to the tribunal would have put the Applicant at a disadvantage and so the application to submit evidence was refused.

Submissions

Applicant Tenant

8. The Applicant tenant provided several documents to the tribunal including a possession order by the County Court of Clerkenwell and Shoreditch. The application details that, council tax and water rates are the responsibility of the tenant. The property comprises a flat located on the 7th floor, comprising two bedrooms, one living room, a bathroom, and a kitchen. The application form noted the property came with one double bed, one single bed, two wardrobes, two chests of drawers, two bedside drawers, one L-shaped sofa, one freezer, one washing machine, a cooker, an oven, and a kitchen table.

9. A copy of an eleven-page report entitled “Property visit” which is references the condition of the property as at 23 February 2023 completed by “[NAME]” an inventory company appointed by the landlord.

10. The Applicant tenant has also completed a Reply Form, noting the size of the property given as 741 square feet, and detailing each room and the tenant's concerns, in summary issues include; leaking, condition of kitchen, mould and functionality of bathroom.

11. Additionally, there are several documents recording the reporting of faults and accompanying photographs, including video evidence.

12. There are copies of correspondence from Private Housing and Environmental Health team of London Borough of Newham which inform the tenant that they will address only the more severe cases of disrepair.

13. Copies of marketing details for two-bedroom properties are included showing asking rents from £1675 to £1700 per month.

14. The Applicant also provided a five-page document titled “Detailed Defence Against section 13 Rent Increase”. Applicant included copies of several reports of defects to the landlord.

Respondent Landlord

15. [RESPONDENT] of the landlord [NAME] contacted the tribunal on 12 September 2025 wanting to discuss the case, no further submissions were received prior to the hearing.

Analysis and Valuation

16. The Notice of Increase dated 12 May 2025 proposes an increase to £1750.00 per month from 13 June 2025.

4

17. The tribunal has heard submissions from the Applicant on the level of rent the property would attract if in a good tenantable condition.

18. The tribunal in consideration of these submissions and using its own expertise determines £ 1600.00 per month given the age and nature of the block that contains the flat.

19. However, the tribunal has heard and saw on inspection, that the flat exhibits several issues and for these the tribunal deducts £ 150 per month. The tribunal determines a rent of £1450 per month.

Undue Hardship 20. The tenant has provided within their papers, a letter from London Borough of Newham following an application for discretionary housing payment and evidence of being in receipt of Universal Credit. The tribunal finds that an increase of rent backdated, in this case £100 per month over four months would cause undue hardship and so determines the date of the increase to be that of the hearing which is 22 October 2025. Decision 21. The Tribunal determines £ 1450 per month from 22 October 2025 in accordance with section 13 of the Housing Act 1988 [NAME]: [NAME]: 22 October 2025

Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.