First-tier Tribunal Adjusts Rent Due to Undue Hardship

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. LON/00AD/MNR/2025/0686

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 22 [ADDRESS], [POSTCODE]

Mr [RESPONDENT]

Landlord Mr [RESPONDENT] 6 [ADDRESS], [POSTCODE]

Tenant [APPELLANT]

1. The rent is: £ 1350 Per Month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 15 July 2025

*3. The amount included for services is not applicable

Per

*4. Service charges are not included

5. Date assured tenancy commenced 31 January 2022

6. Length of the term or rental period Monthly Assured Periodic Tenancy

7. Allocation of liability for repairs In accordance with agreement

8. Furniture provided by landlord or superior landlord None

9. Description of premises A purpose built first floor flat built in 1985 forming part of a three storey block. Accommodation comprises: two bedrooms, kitchen, living room, bathroom/WC..

[NAME] of Decision 15 July 2025

1

Case Reference

: LON/00AD/MNR/2025/0686

Property : 22, [ADDRESS], [POSTCODE]

Tenant

: [COUNSEL]

Landlord : [COUNSEL] : 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 [NAME] 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 [NAME] 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: [NAME]: 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.