First-tier Tribunal Sets New Market Rent for Tenant

OUTCOME: Allowed

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FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference HAV/45UC/MNR/2025/0845

[ADDRESS], [POSTCODE]

Tenant [NAME]

Tenant’s Representative Ms [COUNSEL]

Landlord J49 Limited

Landlord’s [ADDRESS], [POSTCODE]

Landlord’s Representative

Date of Application 18 December 2025

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

Tribunal Members [NAME] – [NAME] Member

Date of Decision 5 March 2026

Rent Determined £750.00 per month (£173.08 per week)

Date the new rent takes effect 6 January 2026

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REASONS FOR THE DECISION

Background

1. On 2 December 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £551.82 per week in place of the existing rent of £145.06 per week, to take effect from 6 January 2026.

2. On 18 December 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 16 January 2024 for a term of 6 months. The rental period is monthly.

Allocation of Repairs between Landlord and Tenant.

4. As per the Landlord and Tenant Act 1985.

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

5. No fixed service charge is included in the rent.

6. No furniture is provided by the Landlord.

Liability for Council Tax

7. 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.

8. None

Inspection/Hearing

9. The Tribunal carried out an inspection of the Property on 19 February 2026 in the presence of the Tenant and his representative, Ms [COUNSEL]. The Landlord was notified of the inspection but did not attend.

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10. Neither party requested an oral hearing and nor did the Tribunal consider a hearing necessary. Accordingly, the Tribunal has considered the application on the basis of an inspection, the papers provided by the parties, and its own knowledge and specialist expertise.

The Property

11. The Property was found to be a second floor flat forming part of a three-storey building, accessed via a second, narrow, flight of stairs. The Property offers the following accommodation:

Hall, lounge, kitchen, one bedroom with ensuite shower, and separate bathroom with full suite. The bathroom has a poor layout, with access to the bath severely restricted.

Outside: No parking. No garden.

12. The Property benefits from gas fired central heating to radiators and double glazing.

13. The Property is situated in a mixed residential and commercial area, within close proximity of local amenities, shopping facilities and the seafront. The Property fronts a busy road and is close to a junction, creating some noise disturbance. Local public transport links, including a railway and bus station are within walking distance.

Evidence

14. The Landlord returned the Tribunal’s Reply form duly completed.

15. On 9 January 2026, the Tenant’s representative emailed the Tribunal, copying the Landlord, stating “Please find attached the completed Rent Appeal Statement.” No Statement was attached. On 14 January 2026, the Tribunal Case Officer informed the tenant’s representative that the attachment had not been received. No reply followed. The Tribunal therefore has no Rent Appeal Statement from the Tenant and relies instead on the Tenant’s Rent 1 application form, the Landlord’s Rent Appeal Statement, and the Tribunal’s inspection of the Property.

The Tenant

16. The Tenant made the following comments in the Rent 1 form:

a) The accommodation is as stated at paragraph 11 above.

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b) No furniture or services are provided under the tenancy.

c) The Tenant has not carried out any improvements to the Property.

d) No comparable rental evidence was submitted.

The Landlord

17. The Landlord made the following comments:

a) J49 became the landlord of the Property with effect from 1 December 2025. They are not aware of any material improvements to the Property since such date.

b) The accommodation is as stated at paragraph 11 above.

c) The Landlord states that “Stock condition survey programme has been procured and contractor mobilisation is underway.”

d) With the exception of the cooker, the Tenant provided all white goods, carpets and curtains.

e) The property has no double glazing.

f) No comparable rental evidence was submitted.

Determination and Valuation

18. Neither party submitted any comparable rental evidence.

19. 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 and in good order, and reflecting the narrow stair access to the second floor, would be in the order of £780.00 pcm. 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 comparable properties including having white goods, and curtains provided by the landlord.

20. From this level of rent, the Tribunal has made an adjustment in relation to the following:

a) Tenant’s provision of white goods. b) Tenant’s provision of curtains.

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The full valuation is shown below:

Starting Rent

£780.00 pcm Less a) Items given under a) above

£20.00 b) Items given under b) above

£10.00

£30.00

Market rent

£750.00 pcm

Undue hardship

21. 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.

22. The Tenant has not made any submissions concerning hardship.

23. The new rent will take effect from the date proposed by the Landlord in the Section 13 Notice, such being 6 January 2026.

Decision

24. The Tribunal determines the market rent at £750.00 per calendar month, equating to £173.08 per week, with effect from 6 January 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.