Tribunal Rejects Landlord's Request for Increased Rent

OUTCOME: Allowed

MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00CZ/MNR/2025/0726 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 [ADDRESS], [POSTCODE] Tribunal Judge [NAME] Tribunal Member [NAME] Landlord [NAME] 6 [ADDRESS] [POSTCODE] [NAME]

1. The rent is:£ 434 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 18th April 2025 3. The amount included for services is not applicable Per 4. Date assured tenancy commenced 18th January 2024 5. Length of the term or rental period Per calendar month 6. Allocation of liability for repairs Per tenancy agreement 7. Furniture provided by landlord or superior landlord All floor coverings and a microwave and fridge 8. Description of premises A small room in a property containing 17 similar rooms. The room has a living accommodation to include space for a double bed, small fitted wardrobes, a sink unit with a fridge and microwave. There is a separate bathroom with a shower, toilet and wash basin. [NAME] of Decision 10th June 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/00CZ/MNR/2025/0726 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] : In person Respondent : [redacted] Application : Housing Act 1988 Section 14 Tribunal Members : Tribunal Judge [NAME] Tribunal Member [NAME] of Determination : 10th June 2025 Date of Reasons : 18th June 2025

REASONS FOR

DECISION © CROWN COPYRIGHT 2025

Decision 1. The Tribunal has jurisdiction to deal with the application.

2. The rent payable for [ADDRESS], Huddersfield (‘[NAME]”) is £434 per calendar month with effect from 18th April 2025. Application 3. This is an application by [APPELLANT] (“the Applicant”) for the determination of the rent payable in respect of [NAME], pursuant to Section 14 of the Housing Act 1988 (‘the Act”).

4. The tenancy of [NAME] commenced on 18th January 2024. 5. [NAME] (the Respondent”), the landlord of [NAME] served a notice to increase the rent for [NAME] (“the Notice”) from the existing rent of £434 per calendar month to £534 per calendar month. The Notice, dated 20th March 2025, stated the increase was to take effect from 18th April 2025.

6. The Applicant objected to the proposed increase and filed an application with the First-tier Tribunal for the issue to be determined.

7. The Tribunal inspected [NAME] on 10th June 2025 in the presence of the Applicant.

8. At the conclusion of the inspection, [APPELLANT], a director of the Respondent and who was supervising works at [ADDRESS] approached the Tribunal and explained the Respondent had had difficulty in making representations. The original correspondence, sent by e-mail , had not arrived. When speaking with the Tribunal they had been advised the filing of any submissions would be out of time. The Tribunal was asked to speak by telephone with another director who further explained the issues she had experienced. However, she did not wish to make any further representations prior to the Tribunal’s determination.

9. Mr [RESPONDENT] advised the Respondent was currently in the process of carrying out works to improve the appearance of the building and individual rooms were being upgraded. There were 9 rooms advertised to let from the 17 in total. Inspection 9. [NAME] is a room in a building that has been converted into 17 separate rooms, each having the same accommodation. In the basement there is a communal kitchen and laundry, this having a single washing machine which is some distance from [NAME]. Neither facilities are adequate for 17 dwellings. 10. [NAME] itself has room for a double bed. There is a built-in unit that has a sink with storage cupboard, a fridge and a shelf for a small microwave together with a small wardrobe and drawers. The en-suite bathroom has a shower [NAME] has double glazing and heating. The Applicant confirmed the rent includes all the utilities except Council Tax.

Determination 11. The Tribunal firstly considered whether it had jurisdiction to deal with the application. The tenancy must be one that falls within section 13 of the Act.

12. The criteria for this are: • the tenant must have exclusive occupancy of [NAME]; • [NAME] must be a dwelling house; • the dwelling house must be let as a separate property; • the tenant must be an individual; • the tenant must occupy [NAME] as their principal home; all these conditions are met in this case.

13. The following criteria must then be satisfied: • the tenancy is a periodic tenancy that makes no provision for a rent increase; • any rent increase is in the prescribed form; • the rent increase must be 52 weeks after the commencement of the tenancy; • the rent increase must also be 52 weeks after any previous increase; • the notice period for the increase must be at least one month; • the notice must be signed by the landlords; • the proposed rent must be specified to take effect at the beginning of a new period of the tenancy.

14. The Tribunal considered the criteria to be satisfied and the Notice dated 20th March 2025 to be valid.

15. The Tribunal thereafter considered the appropriate market rent for [NAME]. It noted neither party had submitted any evidence of suitable comparable properties.

16. The Tribunal considered the open market rent of [NAME] and relying upon its own knowledge and expertise considered the evidence available to it from the advertisements of rental properties in the area. It found the following details of rooms to let:  [ADDRESS] -advertised at a reduced rent of £575 pcm  [ADDRESS]- advertised at a reduced rent of £600 pcm – all bills included  [ADDRESS]- £650 pcm  [ADDRESS] - £440 pcm  [ADDRESS] – advertising 5 flats @ £550 pcm to include Council Tax but excluding gas and electricity.

17. The Tribunal noted [NAME] at [ADDRESS] was larger accommodation, whilst the [ADDRESS] was more modern and neither were directly comparable with [NAME]. The properties on [ADDRESS] had similar accommodation except [NAME] is smaller. There is no room for an easy chair such that the Applicant or any visitors have nowhere to sit. The kitchen and laundry are both in the basement and some distance

from [NAME]. The Tribunal determined there should be no increase in the rent form the existing rent of £434 per calendar month.

18. The rent for [NAME] is therefore in the sum of £434 per calendar month, with effect from 18th April 2025, being the date of the Notice.

19. In making its decision the Tribunal had regard to section 14(7) of the Act and considered the matter of undue hardship. Here, the Tribunal had not increased the rent from the existing rent and, accordingly, section 14(7) of the Act does not apply.