First-tier Tribunal Sets Market Rent for Assured Tenancy

OUTCOME: Allowed in Part

© CROWN COPYRIGHT FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference BIR/OOCQ/MNR/2026/0083 [ADDRESS] [POSTCODE] Tenant [NAME] Tenant’s Representative Landlord Ms [COUNSEL] Landlord’s Address c/0 [ADDRESS] [POSTCODE] Landlord’s [COUNSEL] of Application 30th March 2026 Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members [NAME] (Chairman) [NAME] of Decision 3rd June 2026 Rent Determined £920.00 per month Date the new rent takes effect 3rd June 2026

2

REASONS FOR THE

DECISION Background 1. On 10th March 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £940.00 per month in place of the existing rent of £895.00 per month to take effect from 15th May 2026.

2. On 30th March 2026, 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 is understood to have commenced on 15th May 2024 for a term of 12 months. 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. None. Liability for Council Tax 6. The Tenant is responsible for the payment of Council Tax in respect of the Property. The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent.

7. None. Inspection/Hearing 8. Neither party requested an inspection or an oral hearing. The Tribunal considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.

9. The Property is a terraced house offering the following accommodation: Ground Floor - Living Room, kitchen, W.C. First Floor – Landing, two bedrooms, bathroom.

3 Outside – gardens and off-road parking. The house has gas fired central heating and double glazing. Evidence 10. The Tribunal has considered the written submissions provided by the tenant and the landlord.

11. The tenant submits: a) That he contributed £200.00 towards partial re-carpeting in 2024 and paid to clean the property. b) That the property was in Council Tax Band B whereas most similar properties were in Tax Band A. c) That an increase of £45.00 per month was too much.

12. The tenant further submits that there were other comparable properties available at rentals between £800.00 - £900.00 per month. Copies of various letting particulars were included with the Tenants submissions.

13. The Tribunal considered the comparables which were for a variety of properties varying from modern town houses, older terraced houses and a bay fronted end terraced house.

14. The landlord submitted details of various comparable properties, three of which were in the same immediate area as the subject property. These were all two-bedroom terraced houses with advertised rentals at £950.00 - £975.00 per month. There was a further older terraced house at £950.00 per month. The landlord also submitted that the tenant’s comparables were from 2024, since when rents had increased.

15. In response to the landlord’s submissions. the tenant submitted that the evidence provided was live when submitted and not from 2024. He also submitted that the details provided referred to ‘asking rents’ and did not reflect the final figure achieved. As some properties were on the market for 48-59 days, this suggested the asking rentals were excessive.

16. The tenant further submitted that one of the landlord’s comparables had a conservatory, which he did not, two of the comparables appeared to have been renovated or completely refurbished and the fourth one had an additional living room.

4 Determination and Valuation 17. Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject Property modernised in good order would be in the order of £920.00 per month. Decision 18. 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 was £920.00 per month with effect from 15th May 2026. 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 has asked the Tribunal to fix a later starting date in this case. He says he will otherwise be caused undue hardship because he also has child maintenance to pay for four children.

21. The Landlord did not respond to the Tenant’s application for postponement due to hardship.

22. As a result of our decision the rent will increase by an amount which is likely to be significant to the tenant. The date specified in the landlord’s notice was 15th May 2026.

23. On the basis of the evidence supplied by the Tenant, the Tribunal considers that for the increase to take effect from the date in the Landlord’s Notice would cause undue hardship and accordingly sets the starting date for the new rent as 3rd June 2026. Chairman: [NAME]: 3rd June 2026 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.