20 Six Acres Quinton Birmingham B32 1SJ: BIR/00CN/MNR/2026/0120 BIR/00CN/MNR/2026/0120
REASONS
[1]On 10th March 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £1,150.00 per month in place of the existing rent of £1,100.00 to take effect from 15th May 2026.[2]On 1st May 2026, 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 Tribunal have not been provided with a copy of the tenancy agreement. The rental period is understood to be 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 an 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.[9]Based on the papers provided the Tribunal understands that the property is a terraced house comprising: Ground Floor: Although not detailed the Tribunal assumes one or two living rooms and a kitchen. First Floor: Landing, two double bedrooms, one single bedroom, bathroom. Outside: Garage and garden. A gas cooker and fridge are provided by the landlord. Evidence[10]The Tribunal has considered the written submissions provided by the tenants and the landlord.[11]The tenants submit: a) When they moved in, they told the landlord of the defects but nothing has been done. b) The property is still not painted. c) The floor has not been attended to and the garden exit is poor with many other defects. d) The increase in rent is not justified due to the condition of the property.[12]The Tribunal were given no further information in respect of the alleged defects.[13]The landlord submits: a) That he acknowledges there are defects with the property which he has tried to address but has been unable to gain access. b) He has repaired the oven light and the bath screen door. c) All issues reported have been addressed. d) The proposed rent is in keeping with other similar properties in the area.[14]The landlord submits several comparable properties including: a) Simmons Drive, Quinton – a three-bedroom town house offered at £1,250.00 per month. b) Pitman Road, Quinton – a three-bedroom terraced house offered at £1,200.00 per month. c) In addition, three semi-detached houses with three bedrooms were submitted at rentals from £1,200.00 - £1,395.00 per month.[15]In reply to the landlords’ submissions the tenants further submit: a) They have never refused access for repairs. b) The fact that the cooker lights and bath doors were fixed does not justify an increase. c) The rent of £1,100.00 reflected the fact that the property was old and it does not compare with properties rented at £1,300.00 per month. d) The property remains unimproved and has not been upgraded.[16]The tribunal considered the written submissions provided by the parties. Determination and Valuation[17]Although some defects referred to by the tenant appear to have been rectified, the landlord acknowledges that some still remain.[18]Relying on its own expert, general knowledge of rental values in the area, and the comparables provided by the landlord and the tenant, the Tribunal considers that the market rental of the subject Property would be in the order of £1,150.00 per month. This is the rent we would expect the property to let for in the open market in the general condition as described having regard to the comparable submitted. Decision[19]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 £1,150.00 per month with effect from 15th May 2026. Chairman: G S Freckelton FRICS Date: 7th July 2026 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.