Tribunal Determines Market Rent for Assured Tenancy

OUTCOME: Allowed

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FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference BIR/OOCR/MNR/2025/0828

[ADDRESS] [POSTCODE]

Tenant [NAME] [COUNSEL] & [NAME]

Tenant’s Representative

Landlord

[APPELLANT]

Landlord’s [ADDRESS] [POSTCODE]

Landlord’s [RESPONDENT] of Application

20th October 2025 Type of Application Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal Members Graham Freckelton FRICS (Chairman) Deputy District Judge Naomi Candlin Date of Decision 22nd April 2026

Rent Determined

£705.00 per calendar month

Date the new rent takes effect

1st December 2025

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REASONS FOR THE DECISION

Background

1. On 8th October 2025, the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £725.00 per calendar month (pcm) in place of the existing rent of £675.00 pcm to take effect from 1st December 2025.

2. On 20th October 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 1st December 2024 for a term of six months. The rental period is monthly.

Allocation of Repairs between Landlord and Tenant.

4. As per section 11 of the Landlord and Tenant Act 1985.

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

5. None.

Liability for Council Tax

6. 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.

7. None.

Inspection/Hearing

8. Neither party requested an inspection or oral hearing. The Tribunal has considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise.

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The Property

9. Based on the information provided to it the Tribunal understands that the Property is a first floor flat with no lift offering the following accommodation:

Lounge, Kitchen, One bedroom and bathroom.

Outside there is one parking space.

The Property is understood to have single glazed windows. There is understood to be central heating. Carpets, curtains and white goods are provided by the Landlord.

The Property is situated in the centre of Dudley.

Evidence

10. Both the Tenant and the Landlord returned the Tribunal’s Reply forms.

The Tenant.

The Tenant made the following comments:

a) Since the commencement of the tenancy there had been a broken window to the bedroom which resulted in noise pollution, draughts and a safety hazard.

The Landlord

The landlord submitted a copy of the inventory with photographs when the tenant moved in together with numerous comparables of various flats ranging in rental between £500.00 - £675.00 pcm.

Determination and Valuation

11. The Tribunal considers the comparables provided by the Landlord are relevant to this matter. This property is centrally situated and obviously some of the comparables were not in the town centre. However, the general level of rents in the Landlord’s comparables was lower than that proposed. The Tribunal is of the opinion that being centrally situated, this flat is likely to attract a slight premium over flats in more outlying areas.

12. Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the Landlord, the Tribunal considers that the market rental of the subject Property modernised and in good order would be in the

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order of £725.00 pcm. This is the rent we would expect the property to be 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.

13. From this level of rent, the Tribunal has made adjustments in relation to the following:

a) The broken window to the bedroom.

The full valuation is shown below:

Starting Rent

£725.00 pcm

Less a) Items given under a) above

£20.00

Market rent

£705.00 pcm

Undue hardship

12. 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.

13. The Tenant has not asked the Tribunal to fix a later starting date in this case.

Decision

14. Therefore, the Tribunal determines the market rent at £705.00 per calendar month with effect from 1st December 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.