First-tier Tribunal Sets New Rent After Tenant Improvements

OUTCOME: Allowed in Part

© CROWN COPYRIGHT

Case Reference

: BIR/00CQ/MNR/2025/0740

Property : 72 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT]

Landlord’s agent : [NAME] of application : 4 June 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 £590 per month with effect from 1 August 2025. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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REASONS FOR THE DECISION Background

1. On 3 June 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £700 per month in place of the existing rent of £525 to take effect from 1 August 2025.

2. On 4 June 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. However, the Tribunal understands from the submissions made by the parties that the property comprises a one-bedroom ground floor flat including a living room, kitchen and bathroom and a garden. The property includes central heating and double glazing but the carpets and curtains and white goods belonged to the tenant.

Evidence

5. The Tribunal considered the written submissions provided by the Tenant and the Landlord.

6. The tenant’s application form and Reply Form stated she had provided off road parking at her expense and fitted spotlights in the kitchen, new door handles laid laminate flooring in the living room, lino in the kitchen and bathroom, fitted new skirting boards in the bedroom and re-sealed all the windows in the bedroom.

7. The Landlord’s Reply Form confirmed the extent of the accommodation but also stated the kitchen was basic, there were mould issues in the living room and bedroom and, where the ceiling had been replastered, it needed repainting.

8. The Landlord’s agent provided a letter advising that in their opinion if they were to remarket the property, they would offer the property at £700 per month. In support they referred to a number of comparable properties in the area ranging in rental value of between £650 to £700 per month. No rental evidence was submitted by the Tenant.

3 9. The Landlord also confirmed they had undertaken a number of works since 2023 costing £5445.14. The Landlord also stated that most of the issues are down to the Tenant’s lifestyle including damage to the front door, blocked up air vents in the bedroom and other issues which the Tenant has caused.

Determination and Valuation

10. Having considered the comparable evidence proved by the parties and of our own expert, knowledge of rental values in the area, we consider that the open market rent for the property in good tenantable condition would be in the region of £700 per month. From this level of rent we have made adjustments in relation to:

a) Condition. b) Improvements made by the Tenant. c) Curtains, carpets and white goods provided by the Tenant. d) The Tenant’s liability to redecorate.

11. The full valuation is shown below: Per Month

Market Rent

£700

Less a) Items given under a) above

£50

b) Items given under b) above

£0 c) Items given under c) above

£25

d) Tenant’s internal decoration liability @ 5% £35 £110

£590

Say £590 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 [NAME]

under an assured tenancy was £590 per month with effect from 1 August 2025.

Hardship

9. The Tenant raised hardship in their submissions. However, no evidence was submitted in support of the application except that the tenant receives Housing Benefit topped up by Universal Credit. The Tribunal did not find this sufficient to claim undue hardship and accordingly, the Tribunal directs the new rent of

4 £595 per month to take effect from 1 August 2025. This being the date as set out in the Landlord’s Notice of Increase.

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 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.

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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 72 [ADDRESS] [POSTCODE]

Mr [NAME] Mr [RESPONDENT]

Landlord [APPELLANT] 1 [ADDRESS] [POSTCODE]

Tenant [NAME]

1. The rent is: £590 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1 August 2025

3. The amount included for services is/is not applicable - Per -

4. Date assured tenancy commenced Not Known 5. Length of the term or rental period Monthly - 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 flat.

[NAME] of Decision 13 November 2025

First-tier Tribunal – Property Chamber File Ref No.

BIR/00CQ/MNR/2025/0740