First-tier Tribunal Sets Fair Rent for Damaged HMO Room

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. HAV/00HX/MNR/2025/0840

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] [NAME] [NAME] [RESPONDENT]

Landlord [NAME] [RESPONDENT] 47 [ADDRESS], [POSTCODE]

Tenant [NAME] [APPELLANT]

1. The rent is: £ 425.00 Per Calendar Month (including water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 12 December 2025

3. The amount included for services is not applicable n/a Per n/a

4. Date assured tenancy commenced 12 October 2020

5. Length of the term or rental period Statutory Periodic Tenancy

6. Allocation of liability for repairs In accordance with agreement

7. Furniture provided by landlord or superior landlord Wardrobe and bed

8. Description of premises A ground floor room forming part of a mid terrace house which has been converted to an HMO comprising 4 rooms with shared kitchen and bathroom facilitites.

[NAME] [NAME] of Decision 13 February 2026

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Case Reference

: HAV/00HX/MNR/2025/0840

Property : [ADDRESS], [POSTCODE]

Tenant

: [COUNSEL] : None

Landlord : [COUNSEL] : [COUNSEL] of Objection : 10 December 2025

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

Tribunal

: [NAME] [NAME] [NAME] [NAME] [NAME] of Summary Reasons : 13 February 2026

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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_______________________________________________

DECISION

The Tribunal determines a rent of £425 per calendar month with effect from 12 December 2025. ____________________________________

SUMMARY REASONS

Background

1. The Landlord served a notice under Section 13(2) of the Housing Act 1988 dated 27 October 2025 which proposed a new rent of £475 per month in place of the existing rent of £400 per month to take effect from 3 September 2025. This being an increase of £75 per month.

2. The tenancy commenced on the 12 October 2020. The Tribunal were not presented with a copy of the tenancy agreement by the parties. It is assumed this is a statutory periodic tenancy.

2. On the 1 December 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.On the 7 January 2026, the Tribunal prepared Directions for the conduct of the case.

4. The parties did not request a hearing or an inspection, 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

5. The Tribunal received a completed reply form from the tenant together with photographs showing the condition of the property and a lengthy text trail between the tenant and landlord’s agent. The landlord and their letting agent did not engage in these proceedings.

Determination and Valuation

6. Having consideration of the extensive evidence provided by the landlord and our own expert, general knowledge of rental values in the Swindon area, we consider that the open market rent for the property in good lettable condition with modern fittings and services would be £500 per month. It is

3 assumed this rental value includes payment of Council Tax, Water Rates and all utilities.

7. Next, the Tribunal needs to adjust that hypothetical rent of £500 per month to allow for the damp and mould to the walls in the room and the shared bathroom, the defective shower fitting and rodent infestation.

8. The Tribunal has considered very carefully the information provided by the tenant in this matter. Using its own expertise, the Tribunal considers that a deduction of £75 should be applied in order to take account of the above matters. This reduces the rental figure to £425 per month.

9. It should be noted that this figure cannot be a simple arithmetical calculation and is not based upon 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

10. 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 £425 per calendar month.

10. The Tribunal directs the new rent of £425 per month to take effect on the 12 December 2025. This being the date in the Landlord’s notice.

Chairman: [NAME] [NAME]: 13 February 2026

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.