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/OOCN/MNR/2026/0081 [ADDRESS] [POSTCODE] Tenant [NAME] & [NAME] Tenant’s Representative Landlord [COUNSEL] Landlord’s [ADDRESS] [POSTCODE] Landlord’s [NAME] of Application 22nd March 2026 Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988 Tribunal Members Graham Freckelton FRICS (Chairman) Mrs K Bentley Date of Decision 3rd June 2026 Rent Determined £1,250.00 per calendar month Date the new rent takes effect 6th April 2026

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REASONS FOR THE

DECISION Background 1. On 12th February 2026, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,375.00 per calendar month (pcm) in place of the existing rent of £1,250.00 pcm to take effect from 6th April 2026. The Notice had been changed in ink to £1,375.00 per month as the original Notice stated the proposed rent at £1,400.00 per month.

2. On 22nd 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 commenced on 6th March 2025 for a term of twelve 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. The tenancy includes sofas, a bed with mattress, dining table and chair. Inspection/Hearing 8. Neither party requested an inspection or oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. Submissions were made by the tenant. No submissions were made by the landlord.

3 The Property 9. Based on the information provided to it the Tribunal understands that the Property is a flat offering the following accommodation: Lounge, Kitchen area, bedroom 1 with ensuite, bedroom 2, family bathroom. The Property is understood to have electric heating. The Property is situated in the centre of Birmingham. Evidence The tenant submitted: a) That the rental value was in the region of £1,200.00 - £1,250.00 per month based on similar apartments in the same block. b) Photographs were submitted showing evidence of damp to walls and furnishings. c) Details of comparable properties were included of similar apartments in Centenary Plaza showing asking rentals of £1,100 - £1,250.00 per month. The comparable properties are offered with varying items of furniture. Determination and Valuation 10. Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the tenant, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £1,250.00 pcm. This is the rent we would expect the property to be let for in the open market if it was in the same general condition as the comparable properties. Undue hardship 11. 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.

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

4 13. Therefore, the Tribunal determines the market rent at £1,250.00 per calendar month with effect from 6th April 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.