First-tier Tribunal Sets Market Rent for Assured Tenancy

OUTCOME: Allowed in Part

© CROWN COPYRIGHT 2013 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AW/MNR/2026/0133 Property : 2 F [ADDRESS] [POSTCODE] Applicant : [redacted] (Tenant) Representative : None Respondent : [redacted] (Landlord) Representative : [RESPONDENT] (Agent) Date of Application : 9 March 2026 Type of Application : Determination of a Market Rent sections 13 &14 Housing Act 1988 Tribunal Members : Mr [NAME]. [NAME] Mr [NAME] of Decision : 28 May 2026 Rent Determined : £2600 per calendar month Date of new rent start : 20 March 2026

REASONS FOR

DECISION Background 1 A landlord’s notice dated 4 February 2026, was served under Section 13(2) Housing Act 1988 proposing a new rent of £2575 per calendar month in place of the passing rent of £2235 pcm, to take effect from 20 March 2026.

2 2 At a date, prior to the effective date, under S.13(4)(a) Housing Act 1988 the tenant referred the landlord’s notice proposing a new rent, to the Tribunal for determination. 3 The assured tenancy is now calendar monthly periodic. Allocation of Repairs between Landlord and Tenant 4 As per S.11 Landlord and tenant Act 1985. Landlord’s Service Charges, Furniture provided and costs. 5 Landlord supplied white goods to kitchen and floor coverings. No furniture. Liability for Council Tax 6 Tenant. Other relevant terms of tenancy 7 None Inspection and Hearing 8 An inspection is not routinely carried out. The Tribunal is content that it has sufficient information on the Property, its condition and on comparables, from a combination of the written and photographic representations received and from its own knowledge and specialist expertise. Property 9 There was no inspection. The Property is an 1880’s flat purpose built in a Building with 5 levels (plus basement) of similar flats. The Property is accessed from the street level by a communal door and entrance lobby. 10 The accommodation consists of 2 bedrooms, living room, kitchen, bathroom, WC set on 1 level with central space and water heating. There are communal internal access areas for the Property and other flats in the Building, each served by communal stairs and hallways. Access is directly from the street with no significant communal open space. There are on street parking restrictions. It is within an established residential area just off Kensington High St. right by the entrance to the Underground railway service. The area immediately by the Building is of mansion block flats, purpose built, of a similar age and quality construction with significant retail and other commercial uses very nearby in the High St.. (Google Streetview July 2019).

3 11 The Property appears to be part of a traditional brick construction with high quality brick faced wall finishes under what appears to be a main double pitched hipped tiled and gabled (complex) roof structure and coverings. The Building appears in good condition. Evidence 12 The Tribunal received completed Form 1 and 1b from the tenant. Form 1a from the landlord was received. The Tribunal is grateful for such information as was provided by one or both of the parties. Tenant 13 The tenant referred to the notice being defective in that the rent increase was excessive. The tenant referred to the small size of a second ‘store’/bed room rendering it essentially a 1 bedroom flat. Measurements were not provided for the rooms but the gross internal floor area of the whole property appeared to be some 60m2 from the EPC (band D) included. The tenant described the interior of the flat with cracked ceiling plasterwork and damaged flooring. There were no photographs of the interior or communal areas. 14 The tenant also provided summary details of some 4No. other 1 bedroom flats. These were undated but, showed rents sought from £2167 to £2249 pcm. These were said to be let or to let at or around the date of their application preparation. Landlord 15 The Tribunal received brief representations from the landlord’s agent in Form 1a. These included their reference to valuation work completed by [COMPANY] ([NAME]). They cited some details of 1 or 2 comparables but the rents and the conclusions were unclear in support of the new rent of £2575 pcm. Law 16 In accordance with the terms of S.14 of the Act we are required to determine the rent at which we consider the property might reasonably be expected to let in the open market, by a willing landlord, under an assured tenancy, on the same terms as the actual tenancy; ignoring any increase in value attributable to tenant’s improvements and any decrease in value due to the tenant’s failure to comply with any terms of the tenancy. Thus the Property falls to be valued as it stands; but assuming that the Property to be in a reasonable internal decorative condition. Valuation 17 The Tribunal found no issue with validity of the notice.

4 18 The Property had a floor area of 60m2 or so, typical of a smaller 2 bedroom purpose flat. In the absence of specific photos and measurements of the small second bedroom it concludes that it is of a reasonable size for a 2 bedroom flat. By contrast from the details supplied by the tenant some of these 1 bedroom flats referenced a floor area of between 35m2 to 47m2. 19 The Tribunal finds both the tenant’s and landlord’s comparables, said to be let or t0 let around in early 2026, helpful. From these and from the Tribunal’s own general knowledge of market rent levels in and around the [NAME] it determines that the subject Property would let on normal Assured Shorthold Tenancy (AST) terms, for £2600 pcm, fully fitted and in good order. This is the rent we would expect the Property to let for in the open market if it was in the same condition as comparable properties including landlord’s white goods carpets and curtains. 20 From the representations the Tribunal found that there were no issues significant enough to justify any adjustment from this starting figure. The new rent is therefore £2600 pcm. Undue Hardship 21 Any Hardship has to demonstrably ‘undue’. Hardship, if sought by the tenant in their application, needs to be based on substantial argument, information and supporting documentation to consider it further. The reporting of elements of disrepair to the local authority and the service a notice to quit are not factors that the Tribunal takes into in setting the new rent. In this instance the tenants did not seek to represent ‘undue Hardship’ arising as a result of the rent increase. Decision and effective start date 22 The starting date of the new rent of £2600 pcm is from and including 20 March 2026. 23 Although the landlord is not obliged to charge this rent and may charge a significantly lower rent as a result of their own choice, policy, or governmental regulation; they may not charge more than this figure. [NAME] 28 May 2026

5 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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 decision to the person making the application (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rule 2013). 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 property, 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).