First-tier Tribunal Sets Market Rent for Retirement Complex Flat

OUTCOME: Allowed

© CROWN COPYRIGHT

Case Reference

: BIR/00CQ/MNR/2025/0636

Property : [ADDRESS] [POSTCODE]

Tenant

: [NAME]

Landlord : [NAME]

Landlord’s agent : Not Applicable

Date of application : 4 March 2025

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal Members : [NAME] & [NAME] of Decision : 13 November 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £233.48 per week (inclusive of service charge amounting to £105.02) in with effect from 7 April 2025. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2

REASONS FOR THE DECISION Background

1. On 24 February 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £233.48 per week (£128.46 rent plus a fixed service charge amounting to £105.02) in place of the existing rent of £223.57 (inclusive of a fixed service charge of £98.48) to take effect from 7 April 2025.

2. On 4 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.

Inspection

3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.

4. The Tribunal understands from the papers submitted that the property comprises a one-bedroom first floor flat within a retirement complex that includes a living room, kitchen and bathroom and a garden and car park. The property includes central heating and double glazing but the carpets and curtains and white goods belong to the tenant.

Evidence

5. The Landlord submitted a completed Reply Form. No submissions apart from the application form were provided by the Tenant.

6. The Landlord advised they had calculated the revised rent based on the social housing ‘rent standard’ using 1999 valuation of £57,180 and average earnings of 320.60 for the local area (West Midlands). The social rent is therefore £128.46 and the service charge £101.65. In addition, the Landlord referred the Tribunal to [ADDRESS] which has similar charges at between £500 and £1,000 per month.

7. The Tenant did not submit any rental evidence for the consideration of the Tribunal.

8. The rent the Landlord charges includes an amount of £105.02 for services including communal maintenance, repairs, cleaning and gardening.

3 Determination and Valuation

9. Registered providers of social housing are required to comply with the Regulator of Social Housing’s Rent Standard. It sets the required outcomes for how registered providers set and increase rents for all their social housing stock with government policy as outlined in the Policy statement on rents for social housing.

10. Registered providers must use the correct annual percentage increase to set their rents, and are required to refer to the adjusted tables in the latest limit on annual rent increases guidance. In some circumstances, private registered providers may apply for an exemption to the Rent Standard.

11. In this case the Rent Standard for 2020 applies which requires Registered providers to set rents in accordance with the Governments Policy Statement on Rents for Social Housing 2019. Social rent levels are set by a reference to a formula. The aim of the formula-based approach is to ensure that similar rents are paid for similar properties. The formula takes into account the condition of the property, local earnings and the number of bedrooms in a property. Each year the Government and the Regulator of Social Housing publish guidance on how to adjust the formula to the new annual Consumer Price Index and calculate increases using the correct annual percentage to inflate the rent

12. Registered providers may not increase rents by more than CPI plus 1% point in any year and for rent periods that begin in the 12 months from April 2023 to March 2024 this limit is subject to a 7% ceiling ie. Registered providers may not increase rents by more than 7%.

Decision

12. 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 £233.48 per week with effect from 7 April 2025.

Chairman: [NAME]: 13 November 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

4 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.

5

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 [ADDRESS] [POSTCODE]

[NAME] Mr [RESPONDENT]

Landlord [NAME] [ADDRESS] [POSTCODE]

Tenant [NAME]

1. The rent is: £233.48 Per Week (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 7 April 2025

3. The amount included for services is applicable £105.02 Per week

4. Date assured tenancy commenced 13 March 2023 5. Length of the term or rental period Weekly - Periodic 6. Allocation of liability for repairs Landlord and Tenant Act 1985 7. Furniture provided by landlord or superior landlord Not Applicable 8. Description of premises One bedroom first floor flat.

[NAME] of Decision 13 November 2025

First-tier Tribunal – Property Chamber File Ref No.

BIR/00CQ/MNR/2025/0636