First-tier Tribunal Determines Market Rent for Assured Tenancy

OUTCOME: Allowed in Part

© CROWN COPYRIGHT

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

LON/OOAB/MNR/2025/1011

[ADDRESS], [POSTCODE]

Tenant

[NAME] [COUNSEL] C/O [COUNSEL]

Tenant’s Representative None

Landlord

[COUNSEL]

Landlord’s [ADDRESS], [POSTCODE]

Landlord’s Representative

None

Date of Application 14 October 2025

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

Tribunal Members [NAME] [NAME] of Decision

27 March 2026

Rent Determined

£1995.00 pcm

Date the new rent takes effect

19 November 2025

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REASONS FOR THE DECISION

Background

1. On 10 October 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2350 per calendar month (pcm) in place of the existing rent of £1600 pcm to take effect from 19 November 2025

2. On 14 October 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 assured tenancy commenced on 19 November 2025 for a term of 1 year. The rental period is monthly with payments on the 1st of the month.

4. The decision focuses on the material within the evidence that pertains to the determination under sec 13 and 14 of the Housing Act 1988.

5. The Tribunal has considered all evidence submitted within the timetable set out by the Directions and subsequent oral testimony. The Tribunal has not recorded all evidence submitted within the decision the omission of a piece of evidence should not be taken that it has not been taken into consideration.

Preliminaries

6. The Tribunal convened at 11:00 AM, present was the Applicant and her daughter. The Respondent was not present. The Tribunal had reference to The Tribunal Procedure (First tier Tribunal) (Property Chamber Rules 2013, in particular Rule 34. Rule 34 requires;

Hearings in a party's absence 34. If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal— (a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and (b)considers that it is in the interests of justice to proceed with the hearing.

7. The Tribunal was satisfied the Respondents had been notified of the hearing. The Tribunal deliberated and determined that 34 (a) was met, and it was in the interests of justice to proceed so 34 (b) was met.

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Allocation of Repairs between Landlord and Tenant.

8. As per section 11 of the Landlord and Tenant Act 1985.

9. From the evidence provided in the hearing and from the written submissions the Tribunal finds; the landlord is responsible for internal and external repairs and decoration to the property.

Liability for Council Tax and Utilities

10. From the evidence provided in the hearing and from the written submissions the Tribunal finds; the tenant is responsible for the payment of council tax and the utilities.

Inspection/Hearing

11. One or both parties requested a hearing and an inspection. The hearing was held in the morning of the 27 March 2026 with the inspection subsequent, the determination then was undertaken. Present at the inspection were the Applicant, the Respondent did not attend.

The Property

Extent and specification

12. From the inspection of the property, and the oral and written evidence of the parties the Tribunal finds; the property to be a semi-detached house comprising, three bedrooms, one living room, one bathroom, one WC and a kitchen. There was no garage but there is off road parking.

13. There is a small garden with shed used for storage. The Tribunal’s find this dry and in use.

14. The property has double glazing, and central heating,

Condition and Disrepair

15. The property is said by the tenant to have damp and mould in the bedroom walls, and an overflowing gutter.

16. The Tenant provided a copy of a letter from London Borough of Barking & Dagenham dated 1 April 2025, setting out a schedule of works required.

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17. By letter dated 12 October 2025 the landlord confirms works as required carried out and also additional works which comprised additional radiators in living room, kitchen and bedroom.

18. The Tribunal finds the property to be a three-bedroom semi-detached property. The kitchen on the ground floor is functional but dated there is mechanical ventilation to the kitchen. The kitchen shows signs of mould. The kitchen sink is leaking. There is a downstairs WC which appears not to be working. The kitchen and bathroom while functional are dated. On the first floor there are three bedrooms, the principal bedroom has a crack in the ceiling.

19. The outside front guttering appears functional the down pipe leading from it leads to a raised drain area, this appears to be overflowing through blockage.

Evidence

Value of property in a condition similar to the comparables

20. The Tribunal considered the comparable evidence submitted by the landlord and the tenant and also utilised its expertise as an expert Tribunal.

21. The landlord provided a range of comparables from £2350 pcm to £2799 pcm for properties in the locality.

22. The landlord provided in by email 24 February stating £2350 pcm is correct and in fact it may be £150 pcm too low.

23. The tenant asserts the value of the property in their view is £1750 to £1800 but in its current condition it is £1500 to £1600.

Determination and Valuation

24. Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £2300.00 pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as the comparable properties.

25. From this level of rent, the Tribunal has made adjustments in relation to the following:

a) Defective WC ground floor b) Property that is predisposed to mould under certain conditions c) Blocked outside drain

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d) Dated but functional kitchen and bathroom. e) Generally dated decor.

The full valuation is shown below:

Starting Rent

£2300.00pcm

Less a) Items listed above 15%

£345.00

Market rent

£1995 pcm

Undue hardship

26. The new rent takes effect from the date specified in the Landlord’s Notice of Increase unless that would cause undue hardship to the tenant. In cases of undue hardship, the Tribunal has a discretion to fix a later starting date up to the date a Tribunal makes its determination.

27. The Tenant has not asked the Tribunal to fix a later starting date in this case.

Decision

28. Therefore, the Tribunal determines the market rent at £1995.00 per calendar month with effect from 19 November 2025.

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.