Rent Adjustment Granted Due to Financial Hardship

OUTCOME: Allowed

© CROWN COPYRIGHT

Case Reference

: BIR/00CW/MNR/2025/0637

Property : 20 [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] & [NAME]

Landlord’s agent : [NAME] of application : 12th March 2025

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

Tribunal Members : Mr [NAME] Mrs [NAME] of Decision : 7th July 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £820.00 per month with effect from 7th July 2025 ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION Background

1. On 21st February 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £775.00 per month in place of the existing rent of £650.00 to take effect from 28th March 2025.

2. On 12th 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.

Evidence

4. A remote video hearing was arranged and attended by both parties. The Tribunal has considered the written submissions provided by the Tenant and the Landlord and those made at the hearing

5. From the information provided it appears that the property comprises of a semi-detached house comprising of living room and kitchen on the ground floor. On the first floor there are three bedrooms and bathroom. The property has double glazing. Heating is provided by electric storage heaters and electric panel heaters. There are paved gardens.

6. The tenant submitted: a) Carpets and the cooker are provided by the landlord. b) The tenant has provided curtains, a fridge and washing machine. c) The tenant erected a shed to the garden and repaired a lighting problem. On questioning by the Tribunal, the tenant confirms that sometimes the electrics continue to trip out when she is cooking. d) The heating is expensive to run and the ground floor heaters do not work. e) The tenant is a student but is unable to work and that Universal Credit will only pay £625.00 towards rent.

7. The landlord submitted: a) The increase proposed was below market value. Recent comparable lettings on the same street included: 1) A three-bedroom mid-town house let in early 2025 for £950.00 per month. 2) A two-bedroom town house let in April 2025 at £875.00 per month.

3 3) There were currently two, one-bedroom townhouses being marketed at £750.00 per month. b) This was the first proposed rental increase in five years.

Determination and Valuation

8. 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 £950.00 per month. From this level of rent we have made adjustments in relation to:

a) Tenant provided curtains, fridge and washing machine £40.00 b) Tenant provided shed. £20.00 c) Tenant has dealt with some electrical issues. £20.00 d) The heating is inadequate and expensive to run. £50.00

9. The full valuation is shown below:

Market Rent

£950.00 per month

Less a) Items given under a) above £40.00 b) Items given under b) above £20.00 c) Items given under c) above £20.00 d) Items given under d) above £50.00

£130.00

£820.00 per month

Hardship

10. The Tenant raises hardship in their submissions. Accordingly, the Tribunal directs the new rent of £820.00 per month is to take effect from 7th July 2025, this being the date of the Tribunal’s determination.

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 £820.00 per month with effect from 7th July 2025.

Chairman: [NAME]: 7th July 2025

4 APPEAL PROVISIONS

If either party s 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.

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 20 [ADDRESS] [POSTCODE]

Mr [NAME] [NAME]

Landlord [NAME] & [RESPONDENT] 6 [ADDRESS] [POSTCODE]

Tenant [APPELLANT]

1. The rent is: £820.00 Per Month (excluding water rates and council tax but including any amounts in paras 3)

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

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

4. Date assured tenancy commenced 28th February 2020 5. Length of the term or rental period Six months 6. Allocation of liability for repairs Landlord and Tenant Act 1985 7. Furniture provided by landlord or superior landlord None 8. Description of premises A semi-detached house comprising living room, kitchen, three bedrooms and bathroom, Double glazing and gas central heating. Paved garden.

[NAME] of Decision 7th July 2025

First-tier Tribunal – Property Chamber File Ref No.

BIR/OOCW/MNR/2025/0637