First-tier Tribunal Sets New Rental Value After Dispute

OUTCOME: Allowed in Part

FIRST - TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

CAM/00KF/MNR/2026/0004

Property

[ADDRESS] on Sea [POSTCODE]

Tenant

[NAME]

Tenant’s Representative -

Landlord

Ms [COUNSEL]

Landlord’s [NAME]

[ADDRESS] on Sea [POSTCODE]

Landlord’s Representative -

Date of Application 30 December 2025

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

Tribunal Members Mrs [NAME] of Decision

9 March 2026

Rent Determined

£875 per month

Date the new rent takes effect

3 January 2026

REASONS FOR THE DECISION

Background

1. On 3 December 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £925 per calendar month(pcm) in place of the existing rent of £740 pcm to take effect from 3 January 2026.

2. On 30 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 3 October 2020 for a term of twelve months. The rental period is monthly.

Allocation of Repairs between Landlord and Tenant.

4. In accordance with the terms of the tenancy and section 11 of the Landlord and Tenant Act 1985.

Liability for Council Tax

5. 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.

6. Occupation of the flat is limited to one person.

Inspection/Hearing

7. The Tribunal has considered this case based on an inspection and the papers provided by the parties and its own knowledge and specialist expertise.

The Property

8. The Tribunal carried out an inspection of the Property on 9 March 2026 in the presence of the Tenant, the Landlord was notified of the inspection but did not attend.

9. The Property is a ground floor purpose built flat in a two-storey end terrace building comprising: Entrance porch, leading into the kitchen which has a door to the front living room, the bedroom is off the living room and bathroom/wc off the bedroom, There was no window in the kitchen, The Property benefits from central heating and has double glazing.

10. There was evidence of damp on the flank wall to the left of the chimney breast and on the right of the chimney breast across the alcove where the paint on the walls was flaking. The seal had failed on the centre window in the lounge. The top opening window in the bathroom handle was stuck in a locked open position. The wallpaper on the ceiling had split and was loose in places.

11. Externally the property is in good condition. There is a drive to the side which was being used for storage of six wheelie bins: three each for numbers 148 and 150, reducing its use for car parking. The flat also benefits from a private rear garden accessed either via patio doors in the bedroom or a side gate. The side gate could not be fully opened due to props supporting the first floor

The Property is situated in a heavily parked residential road approximately half a mile from a local shopping parade and one and a quarter mile to the railway station.

Evidence

12. Both the Tenant and the Landlord returned the Tribunal’s Reply forms and submitted further representations.

The Tenant.

13. The Tenant made the following comments:

a) There is damp on the living room wall and also in the bedroom

b) The seals on some windows had failed.

c) The kitchen and bathroom were dated.

d) The tenant had provided the white goods.

e) The gate to the garden could not be fully opened due to the props supporting the first floor balcony.

14. In terms of rental evidence, the Tenant referred to four one bedroom flats at rents from £815 to £925 and a two bedroom flat at £950 per month.

The Landlord

15. a) The landlord stated that the flat was in good condition.

b) She had spent £14,000 on repairs and maintenance.

c) The tenant was difficult about providing access to carry out repairs.

d) The external walls had a DPC installed were re-rendered and decorated.

e) The comparables provided by the tenant were not as good as the subject as not all had a private garden, at least one appeared dated.

16. The Landlord referred to seven one bedroom flats at rents of from £900 to £1095 per month in support of the proposed rent. The comparables appeared to have double bedrooms, private gardens and some had on site parking.

Determination and Valuation

17. Relying on my own expert, general knowledge of rental values in Westcliff, and the comparables provided by both the Landlord and the tenant, I am of the opinion that the open market rental value of the subject Property modernised and in good order is £975. This is the rent I would expect the property to let for in the open market if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord.

18. From this level of rent, the Tribunal has made adjustments in relation to the following: occupation by one person only, damp in flank wall, poor ventilation in kitchen and tenant’s white goods and have made a deduction of £100 to reflect these matters.

Market rent £875.00 pcm

Decision

19. Therefore, the Tribunal determines the market rent at £900 per calendar month with effect from 3 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.