Tribunal Sets New Rent for Property Based on Condition and Comparables

OUTCOME: Dismissed

© CROWN COPYRIGHT

Case Reference

: BIR/00CN/MNR/2025/0617

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT] [NAME]

Landlord : [APPELLANT] [NAME]

Landlord’s agent :

Date of application : 8 February 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 £1,200.00 per month with effect from 1st March 2025. ____________________________________

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION Background

1. On 28th January 2025 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,200.00 per month in place of the existing rent of £700.00 to take effect from 1st March 2025.

2. On 8th February 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 hallway, living room and kitchen on the ground floor. On the first floor there are three bedrooms and bathroom. There is a further attic bedroom. The house has gas central heating and double glazing. There are gardens and a car parking space.

6. The tenant submits that: a) Attic bedroom 4 cannot be used due to damp. b) The rent proposed at a 60% increase is too high. c) They had replaced the boiler through a government scheme.

7. The tenant submitted photographs indicating: a) The worn stair carpet. b) Condensation mould and redecoration required to bedroom 1. c) Damaged balustrade to landing. d) Loose handrail to stairs. e) Damp to bathroom. f) Damaged kitchen units. g) Crack to lounge wall. h) Damaged garden fence and collapsed shed. i) Damaged window to bedroom 2. j) Original (13 years) carpets to bedroom 3 and bedroom 4.

3 8. By way of comparison the tenant submitted details of a three-bedroom semi- detached house at [ADDRESS] available at a rental of £1,200.00 per month. The letting details indicated that this property was in good condition throughout and better than the subject house.

9. The landlord submitted: a) When the tenant moved in the property was in excellent condition. b) That they had fitted a new front door, a new oven, extractor fan, new kitchen sink, new bathroom and basin taps, new shower, roof works, facia boards and guttering. They had also renovated one of the bedrooms. c) The tenant had never notified them that there was any damp to attic bedroom 4 and during the last inspection in January 2025, it was being used as a bedroom.

10. The landlord further submitted copies of various invoices for works carried out at the property and evidence of comparable properties being marketed including: a) A 4-bedroom terraced house I [ADDRESS], [ADDRESS] at £1,600.00 per month. b) A 4-bedroom house in [ADDRESS], Yardley at £1,350.00 per month. c) A 3-bedroom terraced house inn [ADDRESS], Birmingham at £1,200.00 per month. d) A 3-bedroom semi detached house in [ADDRESS], Shirley at a rental of £1,250.00 per month.

11. From the information provided the Tribunal is of the opinion that the works carried out by the landlords can be considered as ongoing repairs. The Tribunal is also of the opinion that some ongoing improvement works would be beneficial. We have disregarded the new boiler fitted by the tenant as it was installed under a government scheme at no cost to the tenant although the landlord submits that he paid £250.00.

Determination and Valuation

12. 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 £1,325.00 per month. From this level of rent we have made adjustments in relation to:

a) Condition: Worn Carpets 40.00 Damaged window 5.00 Damaged fence and shed 10.00 Kitchen refurbishment 30.00

4 Cracks 5.00 Damaged balustrade/handrail 10.00 Total £100.00 b) White goods fitted by the Tenant £25.00

13. The full valuation is shown below:

Market Rent

£1,325.00 per month

Less a) Items given under a) above £100.00

b) Items given under b) above £ 25.00 £125.00 £125.00

£1,200.00

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 £1,200.00 per month with effect from 1st March 2025.

Chairman: [NAME]: 7th July 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.

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 [ADDRESS] [POSTCODE]

[NAME] Mrs [RESPONDENT]

Landlord [RESPONDENT] 6 [ADDRESS] [POSTCODE]

Tenant [NAME]

1. The rent is: £1,200.00 Per month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 1st March 2025

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

4. Date assured tenancy commenced 1st December 2012 5. Length of the term or rental period 12 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 terraced house comprising living room, kitchen, three bedrooms and bathroom. Attic bedroom 4. Gas central heating. Double glazing. Garden. Car parking space.

[NAME] of Decision 7th July 2025

First-tier Tribunal – Property Chamber File Ref No.

BIR/OOCN/MNR/2025/0617