First-tier Tribunal Adjusts Rent Based on Property Condition

OUTCOME: Allowed

© CROWN COPYRIGHT

Case Reference

: BIR/00CN/MNR/2025/0699

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [COMPANY] of application : 26 March 2025

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

Tribunal Members : [NAME] & Philip Morris

FRICS FAAV

Date of Decision : 26 November 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £150 per week with effect from 7 April 2025. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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REASONS FOR THE DECISION Background

1. On 26 February 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £174.30 per week in place of the existing rent of £132 per week to take effect from 7 April 2025.

2. On 28 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.

Inspection

3. The Tribunal inspected the property on 25 November 2025 and considered the submissions and evidence provided by the parties and had regard to its own knowledge, expertise and online research.

Evidence

4. The Tribunal considered the written submissions provided by the Landlord. No evidence was submitted by the Tenant.

5. From the inspection the Tribunal found the subject property to comprise a communal entrance and ground floor one bedroom (double) flat with kitchen, bathroom and communal laundry and external gardens and front driveway.

6. There were no improvements/works carried out by the Landlord. From the Tribunals inspection it was noted that there was some evidence of water damage in the hallway and bathroom which appears to have come from the flat above. The tribunal also noted some sagging of the ceiling in the bathroom and at the entrance into the bathroom there was a dip in the flooring. The windows were toughened and single glazed timber framed. The kitchen had been refitted approximately 3 years ago according to the Tenant and the bathroom included toilet, wash hand basin and bath and electric shower over. The Tribunal was informed by the Tenant that there was an issue with the toilet flush system that had been reported several times.

7. Only the curtains were supplied by the Tenant. The white goods, carpets and central heating all belong to the Landlord.

8. No evidence was submitted by the Tenant. The Landlord submitted evidence in respect of one, two and three bedroom properties from the locality as well as evidence of a rents for a room, flats and houses in the area. The average rent submitted by the Landlord for a 1 bedroom property was £1,018, a 2 bedroom

3 property was £1,236 and a 3 bedroom property was £2,179 per month. The rents for a single room was £275, a flat at £1,220 and a house at £1,355 per month.

9. The Tribunal considered the evidence submitted by the Landlord but considered that they occupied better locations which included B18 which forms part of the Jewellery Quarter which are better quality developments fitted to a higher specification.

Determination and Valuation

10. Having considered the comparable evidence provided by the parties and of our own expert, knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £700 per month. From this level of rent we have made adjustments in relation to:

a) Condition b) Curtains fitted by the Tenant. c) The Tenant’s liability to redecorate.

11. The full valuation is shown below: Per Month

Market Rent

£750

Less a) Items given under a) above

£50.00

b) Items given under b) above

£5.00 c) Tenant’s internal decoration liability @ 5% £40.00 £95.00

£655.00

Total £151.15

Say £150.00

per week Decision

12. 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 £15o per week (including the service charge) with

effect from 7 April 2025.

Chairman: [NAME]: 25 November 2025

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APPEAL PROVISIONS

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

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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] & Philip Morris FRICS FAAV

Landlord [COMPANY] [RESPONDENT] 34 [ADDRESS] [POSTCODE]

Tenant [NAME]

1. The rent is: £150 Per week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 7 April 2025

3. The amount included for services is £79.66 Per week

4. Date assured tenancy commenced 15 June 1998 5. Length of the term or rental period Weekly - periodic 6. Allocation of liability for repairs Landlord and Tenant Act 1985

7. Furniture provided by landlord or superior landlord None 8. Description of premises Ground floor one bedroom flat with living room, kitchen, bathroom, communal laundry and gardens.

[NAME] of Decision 25 November 2025

First-tier Tribunal – Property Chamber File Ref No.

BIR//00CN/MNR/2025/0699