Tenant Wins Lower Rent Due to Property Condition

OUTCOME: Allowed

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Case Reference

: HS/LON/OOBB/MNR/2025/0802

Property : [ADDRESS], London, E12

6AU

Tenant

: [NAME] [APPELLANT] [NAME]

Landlord : [NAME] [APPELLANT] [RESPONDENT] of Objection : 30 April 2025

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

Tribunal

: R [NAME] of Full Reasons : 25 November 2025

© CROWN COPYRIGHT 2025

_______________________________________________

DECISION

The Tribunal determines a rent of £2200 per month to be paid from 25 November 2025 under the Housing Act 1988 section 13. ____________________________________

Full Reasons FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Background

1. On 12 May 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £2500.00 per month in place of the existing rent of £1750.00 per month to take effect from 1 May 2025.

2. An application was received 30 April 2025 was made 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 application was accompanied by the Notice of Increase of Rent and, a copy of the tenancy agreement which was initially commenced on 1 January 2023 for a period of 12 months ending on 1 January 2024.

4. Directions were issued to the parties on 3 July 2025.

Inspection

5. The Tribunal did inspect the property a few days after the initial hearing and found the house to be Victorian with solid wall construction, double glazing without trickle vents and gas central heating and radiators. Through the front door there is a hall, off the hall to the left is a living room, the door to the living room has large gaps under it. The hall continues to another living room, then a kitchen which is in poor condition. The photographs indicate mould, at the time of the inspection this had it appear very recently been painted over. Beyond the kitchen was a WC and basin this had UPVC cladding on internal the walls and was very cold. Upstairs there was a bathroom, two bedrooms and a small room used as a desk work area. The carpets are old as was the central heating. There was a small garden.

Hearing

6. Present at the hearing were: the applicant [NAME] [APPELLANT] [NAME] and for the respondent [NAME] [APPELLANT] [NAME].

Submissions

Applicant Tenant

8. The Applicant provided a summary of their case that had been submitted on papers previously.

9. The Applicant tenant provided several documents to the tribunal including the Notice of Increase, the tenancy agreement, which showed an initial term from 1 January 2023 to and including 1 January 2024

10. A copy of an email chain from the landlord to the tenant the top item dated 27 April 2025, discussing comparables and resting on a proposal of £2300.00 per month. The tenant asserting £1800.00 per month was the most they were willing

3 to pay. Within the email chain the tenant raised the issue of hardship, and reliance on universal credit. The email noted areas that the tenant asserted needed repairing including windows, doors, damp wall and roof. The tenant included several photographs of the property which the tribunal has noted.

11. Additionally, there are several documents relating to the tenant and their family’s health. The tenant completed a Reply Form describing the property as a house, and describing the accommodation which comprised a living room, a second living room, a kitchen, three bedrooms and an upstairs bathroom. There is an additional toilet on the ground floor. The tenant describes the property as having central heating supplied by the landlord. Likewise double glazing, carpets, curtains and white goods. The tenant describes issues with cockroaches, and mice. The Reply Form lists the defects the tenant asserts are present the tribunal notes these.

Respondent Landlord

12. The respondent landlord provided a summary of their case that had been submitted on papers and expressed empathy with the tenant over the difficulty of the situation.

13. The respondent landlord submitted a number of papers. A set of comparables of houses within the area including:

3 Bed, 1-bathroom, terraced house [ADDRESS] E12 £2700 per month 4 Bed, 2 bathrooms, terraced house [ADDRESS] E12 £2700 per month 3 bed, terraced house, [ADDRESS], [POSTCODE] £2500 pm 3 bed terraced house, Morris Ave E12 £2700 pm 4-bedroom terraced house [ADDRESS] E12 £2500 pm 4 bed terraced house Fifth avenue E12 £2700 per month 3 bed terraced house [ADDRESS], [ADDRESS] E12 £2.500 pm 3 bed one-bathroom, terraced house, [ADDRESS] E12 asking £2700 pm 3-bedroom terrace [ADDRESS] asking £2600 per month 3-bedroom flat [ADDRESS] £2650 per month 4-bedroom terraced house [ADDRESS] E12 asking £3200 per month.

14. Additionally, a copy of the licensing agreement was supplied.

15. A completed Reply Form, noting the size and nature of the property, in particular that the property has double glazing, central heating, carpets and curtains, white goods all present and supplied by the landlord. There was note in the form of a recent inspection by the council on 3 July 2025 where a couple of items needing repairing was logged, a cracked tile and two windows needing replacing.

16. The landlords in the Reply Form is suggesting between £2500 per month and £2700 per month is the range the rent determination should be.

17. The landlord also responds to the tenant's submission, the contents of which are noted.

4 18. Finally, within the hearing the respondent landlord indicated the last three comparables on the above list were in their view the most relevant.

Analysis and Value

19. The tribunal first in consideration of the comparables presented and its own expert knowledge determined the level of rent the property would let for if in good tenantable condition. The tribunal determines £2600 per month.

20.Then the tribunal had recourse to the actual condition. The property from the evidence and inspection, is in a condition below that of the condition of contemporary properties.

21. To accommodate these the tribunal makes a reduction of £400 per month, giving a determination for the property in its current condition of £2200 per month.

Undue Hardship 20. The tenant has provided within their papers, in particular within the Reply Form, sufficient to prove undue hardship and so the tribunal determines a date of the hearing as the date of the increase. Decision 21. The Tribunal determines £ 2200 per month from 25 November 2025 in accordance with section 13 of the Housing Act 1988 Chairman: R Waterhouse FRICS

Date: 25 November 2025 Appeal to the Upper Tribunal A person wishing to appeal this decision to the Upper Tribunal (Property Chamber) on a point of law must seek permission to do so by making a written application to the First-tier Tribunal at the Regional Office which has been dealing with the case which application must: a. be received by the said office within 28 days after the Tribunal sends to the person making the application written reasons for the decision. b. identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking. If the application is not received within the 28 –day time limit, it must include a request for an extension of time and the reason for it not complying with the 28- day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

MR22 First-tier Tribunal – Property Chamber File Ref No. HS/LON/OOBB/MNR/2025/0802

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 36 [ADDRESS], [POSTCODE]

R [NAME]

Landlord [NAME] [RESPONDENT] [NAME] 15 [ADDRESS], [POSTCODE]

Tenant [NAME] [APPELLANT] [NAME] and Mrs [APPELLANT] [NAME]

1. The rent is: £ 2200.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 25 November 2025

*3. The amount included for services is/is

negligible/not applicable n/a Per n/a

*4. Service charges are variable and are not included

5. Date assured tenancy commenced 1 January 2023

6. Length of the term or rental period 12 months and one day

7. Allocation of liability for repairs Landlord external structural

8. Furniture provided by landlord or superior landlord

9. Description of premises Ground floor Living room and separate dining room, kitchen, WC first floor, 3 rooms two of which are used as bedrooms, one used as a work area and bathroom,

Chairman R Waterhouse FRICS Date of Decision 25 November 2025