First-tier Tribunal Sets Market Rent at £1,300

OUTCOME: Dismissed

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FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case reference : CAM/00MG/MNR/2025/0725 HMCTS code : V:[NAME] : 45 Sweetlands Corner, Buckinghamshire, [POSTCODE] Applicant (Tenant) : [APPELLANT] Respondent (Landlord) : [RESPONDENT] of application : Determination of a Market Rent: Sections 13 and 14 Housing Act 1988 Tribunal members : Mr [NAME] [NAME] of Determination : 14 December 2025

DECISION

The Hearing was held by means of CVP video conferencing. The documents that the Tribunal was referred to are in bundles from the Applicant and the Respondent. The Tribunal has noted the contents and the decision is below.

2 Decision The Tribunal determined a market rent of £1,300 pm effective from 27 September 2025.

Reasons Background 1. The Landlord served notice under section 13 (2) of the Housing Act 1988 on 5 August 2025 to increase the passing rent from £922.48 per month to £1,300 per month with effect from 27 September 2025.

2. The Tenant made an application dated 12 August 2025 to the Tribunal in reliance on section 13 (4) of the Housing Act 1988.

3. This rent in all cases is stated to be exclusive of Council Tax, Water Charges and fixed service charges.

4. The Tribunal issued directions on 14 August 2025, inviting the Parties to submit any further representations (including any photographs and details of rentals for similar properties) they wished the Tribunal to consider.

5. A Hearing was held on 7 October 2025.

[NAME]

6. The Tribunal inspected the [NAME] on 6 October 2025.

7. The [NAME] comprises a modern semi-detached house of standard brick and tile construction providing a lounge and kitchen on the ground floor with two bedrooms and a family bathroom on the first floor.

8. There are gardens to the front and rear with car parking available on the driveway and further public carparking located opposite the [NAME]. It benefits from central heating and double glazing and is located in a cul-de-sac surrounded by properties of a similar vintage and design.

9. The Tribunal considers that the [NAME] would benefit from redecoration and repairs throughout and that it currently falls below a standard commensurate with market expectations of new lettings.

10. It is apparent that there is disagreement between the Parties as to the extent and cause of the disrepair and whether the Landlord has been afforded access in accordance with the terms of the [NAME] to enter the [NAME] and carry out works.

11. In this regard, the Tribunal has relied upon the evidence of the Parties as to the attempts taken by the Landlord in gaining access and the

3 provision thereof by the Tenant, in deciding the extent to which works for which the Landlord is responsible should be taken into account in deciding the rent payable. [NAME]

12. The [NAME] was previously subject to a lease dated 17 September 2019 for a period of 12 months from 27 October 2019 at an initial rent of £700 per month.

13. Clause 2 of the lease sets out the Tenant’s obligations. These include the following: “2.4) to be held liable for the fair net costs involved in carrying out repair and maintenance to the premises or its fixtures where such action is required as a result of negligence, or significant breach of this agreement, or mis-use, by the tenant or his invited guests or visitors 2.35) To take reasonable and proper care in the use of the premises, its fixtures and fittings and not to deliberately damage or alter the premises, its décor, fixtures and fittings either internally or externally and to maintain the exterior of the [NAME] with respect to garden maintenance to the standard evidence at the start of the [NAME] 2.43 Not to alter the appearance or decoration or structure of the premises or its fixtures or fittings either internally or externally without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld 2.59 To permit the landlord or his agent or [NAME], from time to time upon a minimum of 24 hours prior written notification (except in the case of emergency) to enter the premises during working hours and at other reasonable times including at week-ends, to inspect the premises, its fixtures and fittings, and to do work which might be requires from time to time in order to fulfil obligations under this agreement or relevant legislation.” 14. The Tribunal notes that there is no express requirement for the Tenant to redecorate, and the Landlord has not asserted otherwise.

15. The Landlord undertook, at paragraph 3.3 of the Lease, to comply with Section 11 of the [NAME] 1985.

16. Following expiry of this lease, a Statutory Periodic Lease arose. The Law 17. Section 5 (3) of the Act provides that the periodic [NAME] arising on expiry of the [NAME] is one:

4 “(a) taking effect in possession immediately on the coming to an end of the fixed term [NAME]; (b) deemed to have been granted by the person who was the landlord under the fixed term [NAME] immediately before it came to an end to the person who was then the tenant under that [NAME]; (c) under which the premises which are let are the same dwelling- house as was let under the fixed term [NAME]; (d) under which the periods of the [NAME] are the same as those for which rent was last payable under the fixed term [NAME]; and (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term [NAME] immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the [NAME] remains an assured [NAME]” 18. Section 14 (1) of the 1988 Act provides that the Tribunal is required to determine the rent at which the [NAME] might reasonably be expected to let in the open market by a willing landlord under an assured [NAME]: a. “having the same periods as those of the [NAME] to which the notice relates; b. which begins at the beginning of the new period specified in the notice; c. the terms of which (other than relating to the amount of rent) are the same as those of the existing [NAME].” 19. Section 14 (2) of the 1988 Act requires the Tribunal to disregard: a. “Any effect on the rent attributable to the granting of a [NAME] to a sitting tenant; b. Any increase in the value of the dwelling-house attributable to a relevant improvement (as defined by section 14 (3) of the Act) otherwise than as an obligation; c. Any reduction in the value of the dwelling-house attributable to a failure by the tenant to comply with any terms of the [NAME].” 20. Section 11 of the [NAME] 1985 (the 1985 Act), provides that the Tribunal is to imply a covenant by the Landlord: a. “to keep in repair the structure and exterior of the dwelling- house (including drains, gutters and external pipes),

5 b. to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and c. to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.” 21. Section 14 (7) of the 1988 Act states: “Where a notice under section 13(2) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the rent determined by the appropriate tribunal (subject, in a case where subsection (5) above applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the [NAME] with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the rent is determined) as the appropriate tribunal may direct.” Representations – The Tenant 22. The Tenant completed the Reply Form on 19 August 2025 and submitted additional supporting email correspondence in which she stated that: “The [NAME] has not undergone any upgrades to the kitchen or bathroom, including pipework, tiling or cupboards, for over ten years… …The [NAME] also suffers from ongoing defects, including peeling ceilings, excessively loud heating, and a bathroom shower/tap which drips intermittently. In light of these issues, the overall conditions and standards of the [NAME] are basic and do not reasonably justify the rental amount being sought. Furthermore, the comparator properties presented by the landlord are not suitable benchmarks, as they benefit from significantly higher specifications, including modernised kitchens and bathrooms, premium cupboards, doors and handles, and additional features such as reception rooms or garden bars – none of which are present in my [NAME].” 23. The Tenant also stated that: “I was made to live with a child, with a garden door not locking, using a chair to keep closed for 1 month. When [the] council inspected they also found I needed 2 smoke detectors and that my current one wasn’t/never worked. I was under the impression that it worked due to landlord claiming she had it checked. After 48 hours, I had to replace door due to landlord failing to comply. I paid £125 for the repairs to the door. A smoke detector was sent to my door and Ive replaced batteries in the current one.”

6

24. The Tenant was represented at the Hearing by Ms [APPELLANT] of [NAME].

25. The Tribunal was advised that the Tenant had carried out various repairs to the [NAME] including: a. Replacement of kitchen floor tiles b. Fence repairs (split costs) c. Replaced carpet to stairs, corridor and a bedroom d. Replaced rotten door e. Replaced dryer and fridge f. Washing machine had broken down 26. The total cost of the works was estimated at £2,360.

27. Reference was also made to a ceiling leak and the Tenant’s limited ability to pay as a result of her dependence upon [NAME] for, amongst other matters, health reasons. Representations – The Landlord 28. The Landlord submitted a Reply Form dated 3 September 2025 in which she advised that the Tenant was originally a family friend and, following the expiry of the contractual lease, she restricted rental increases to match the local Housing Allowance rather than charging full market rent.

29. However, it is apparent that, for various reasons, the Landlord is no longer inclined to charge a discounted rent and wishes to exercise her rights to secure a Market Rent in accordance with the statutory provisions. Notwithstanding this point, the Landlord considers that the proposed rent of £1,300 per month is at the lower end of the range of possible values.

30. The Tribunal was presented with rental evidence comprising the following: “A: Identical house let at £1,350 per Zoopla B: Short term let at £2,490 C: Similar lets but 3 bed at £1,450 & £1,650” 31. The Landlord agreed that the [NAME] should be valued on the basis that the loft was excluded but pointed out that she had wanted to empty the loft but had been prevented from doing so.

7 Determination 32. In determining the market rent, the Tribunal has regard to prevailing levels of rent in the general locality and achieved rental values in respect of other properties of comparable accommodation and provision that would be likely to be considered by a prospective tenant.

33. The current rent, and the period that has passed since that rent was agreed or determined is not relevant. Previous changes in rent are therefore disregarded as the Tribunal is required to assess the rent that would be offered by a prospective tenant who has no knowledge of the existing or previous rents. Similarly, historic rents achieved elsewhere are of limited relevance.

34. The legislation requires the Tribunal to have regard to market demand assuming that the landlord is willing. The Tribunal is therefore unable to have any regard to the personal circumstances or identities of the actual [NAME] in assessing the level of rent.

35. It is therefore irrelevant whether or not the Landlord requires the rent to be at a certain level to fund its liabilities and/or its repair obligations under the lease or whether the Tenant feels that the services provided by the Landlord are “value for money.” As such, the cost of mortgage payments and [NAME] maintenance to the Landlord does not affect the rent that would be offered by a prospective tenant in the market and must be disregarded.

36. Similarly, the ability, or otherwise, of the Tenant to pay market rent cannot be taken into account and the Tribunal is unable to take into account the Tenant’s personal circumstances as the [NAME] is assumed to be “vacant and to let.” 37. In this regard, whilst the valuation exercise assumes that, regardless as to the condition of the [NAME], a hypothetical tenant would be prepared to take occupation and negotiate a rent, it does not follow that the actual Tenant and the hypothetical tenant are one and the same. As such, the actual Tenant may be prepared to pay a certain level of rent to remain in occupation for personal reasons whereas the hypothetical tenant is bidding on the assumption that the [NAME] is vacant and to let.

38. The Tribunal has noted the evidence provided by the Landlord and considers that, in good repair and condition together with full provision of White Goods and loft access, the [NAME] would be able to achieve a rent of £1,375 per month on the assumption of a [NAME].

39. However, the Tribunal is required to value the [NAME] as it actually exists having accounted for breaches of [NAME] requirements by both the [NAME].

40. It is therefore appropriate to make a deduction to reflect wear and tear together with the lack of White Goods and attic access. However, it does

8 appear that the Tenant has been reluctant to facilitate access by the Landlord thereby restricting the Landlord’s ability to comply with its [NAME] obligations.

41. Bearing these points in mind and having relied upon its own expertise and knowledge of such matters, The Tribunal determines the market rental of the [NAME] to be £1,300 per month. The rent payable may not, therefore, exceed this figure. However, this does not prevent the Landlord from charging a lower figure.

42. This rent is to be effective from 27 September 2025.

Name: [NAME] [NAME]: 14 December 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the tribunal to which it relates (i.e., give the date, the [NAME], and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).

[NAME] First-tier Tribunal – [NAME] Chamber File Ref No. CAM/00MG/MNR/2025/0725

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 45 Sweetlands Corner, Buckinghamshire, [POSTCODE]

[NAME] [NAME]

Landlord [RESPONDENT] 4 [ADDRESS], [POSTCODE]

[NAME] [APPELLANT]

1. The rent is: £ 1,300 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 27 September 2025

3. The amount included for services is

not applicable Per

4. Date assured [NAME] commenced 17 September 2019

5. Length of the term or rental period 12 months

6. Allocation of liability for repairs LL to comply with s11 LTA 1985

8. Furniture provided by landlord or superior landlord N/A

9. Description of premises The [NAME] comprises a modern semi-detached house of standard brick and tile construction providing a lounge and kitchen on the ground floor with two bedrooms and a family bathroom on the first floor. There are gardens to the front and rear with car parking available on the driveway and further public carparking located opposite the [NAME]. It benefits from central heating and double glazing and is located in a cul-de-sac surrounded by properties of a similar vintage and design.

[NAME] P [NAME] of Decision 14 December 2025