First-tier Tribunal Sets Market Rent for Assured Tenancy

OUTCOME: Other

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FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference BIR/00FY/MNR/2025/0651

[ADDRESS] [POSTCODE]

Tenant

[NAME]

Tenant’s [ADDRESS] for [APPELLANT]

Landlord’s [ADDRESS] [POSTCODE]

Landlord’s Representative

None Date of Application 11 March 2025

Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members [NAME] – [NAME] of Decision

18 June 2026

Rent Determined

£734.93 per calendar month Date the new rent takes effect 1 April 2025

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REASONS FOR THE DECISION

Background

1. The Landlord served a notice dated 10 February 2025 under Section 13(2) of the Housing Act 1988 which proposed a new rent of £743.93 per calendar month(pcm) - including services charges of £73.85pcm - in place of the existing rent of £700.02 pcm to take effect from 1 April 2025.

2. On 11 March 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 29 November 2022. The rental period is monthly.

Allocation of Repairs between Landlord and Tenant

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

Services Charges or furniture provided by Landlord (other than carpets and curtains and white goods specified below) and the costs relating to the same.

5. Service charge of £73.85pcm

Liability for Council Tax

6. The Tenant is responsible for the payment of Council Tax in respect of the Property.

7. The rent determined is exclusive of Council Tax.

Any other terms of the tenancy taken into consideration in determining the rent

8. None.

Inspection/Hearing

9. Neither party requested an inspection or a hearing.

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10. The Tribunal considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise.

The Property

11. The Property is a second floor flat and provides the following accommodation:

Internal: Living room, kitchen, bathroom, balcony and 2 bedrooms.

Outside: Permit parking.

The Property benefits from central heating and double glazing. The Tenant provided all the carpets and curtains and white goods (excluding the cooker).

Evidence

12. Both the Tenant and the Landlord returned the Tribunal’s Reply forms.

The Tenant

13. The Tenant submitted that there was a crack in the bathroom tile, a broken floor board which they have reported and awaiting repair.

14. No comparable evidence was submitted except reference to a neighbour on the same floor which they stated were paying less but no other details.

The Landlord

15. The Landlord submitted details of various comparable properties as follows:

Hindle House 11 Traffic St – 2 bed flat at £1,300pcm [ADDRESS] Village – 2 bed flat at £995pcm [ADDRESS] – 2 bed flat at £950pcm [ADDRESS] – 2 bed flat at £950pcm [ADDRESS] – 2 bed flat at £875pcm [ADDRESS] – 2 bed flat at £875pcm [ADDRESS] Meadows – 2 bed flat at £850pcm [ADDRESS] – 2 bed flat at £850pcm Flat A [ADDRESS] Meadows – 2 bed flat at £850pcm [ADDRESS] – 2 bed flat at £800pcm

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Determination and Valuation

16. The Tribunal had regard to the submissions and evidence and to its own expert general knowledge of rental values in the area.

17. The Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £700pcm. 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 other properties that are offered to let in the market.

18. The Tribunals full valuation is shown below:

Starting Rent

£700.00pcm

Less Adjustments for condition

£40.00

Market rent

£660.00

Add Service Charge

£73.85

Total

£733.85 SAY

£734.93 pcm

Undue hardship

19. 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.

20. The Tenant did not make an application in this respect.

Decision

21. Therefore, the Tribunal determines the market rent at £734.93 (including a service charge of £73.85) per calendar month with effect from 1 April 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

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Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.