Apartment 7 1 Woodbrook Grove Northfield Birmingham, B31 2FP:BIR/00CN/MRA/2026/0008 BIR/00CN/MRA/2026/0008

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No BIR/00CN/MRA/2026/0008
Between
Isaac Kim and Ji Sun YounApplicantPaul EatonRespondentIsaac Kim and Ji Sun YounTenantPaul Eaton c/o 5-6 Weekin WorksLandlord
Before
Mr G S Freckelton FRICS (Chairman)Mr R PriceDate 6 August 2026Property: 1 Woodbrook Grove Northfield Birmingham, B31 2FPType of application: sections 13 & 14 of the Housing Act 1988 Mr G S Freckelton FRICS (Chairman)

REASONS

[1]On 21 May 2026, the Landlord served a notice under Section 13 (2) (as amended) of the Housing Act 1988 which proposed a new rent of £1,150.00 per calendar month(pcm) in place of the existing rent of £1,100.00 pcm to take effect from 5 August 2026.[2]On 5 June 2026, under Section 14 (A3) of the Housing Act 1988, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of an open-market rent.[3]The latest tenancy commenced on 5 August 2025. The tenants state they have been in occupation since 2022. 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 curtain 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 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. The Property[9]The Property is a first-floor flat forming part of a modern development, offering the following accommodation: Hall, boiler room and cupboard, open plan kitchen/lounge with balcony, two bedrooms, and shower room. Outside: Reserved parking space. The Property benefits from heating by electric heaters. Electric boiler. The property is double glazed. There is an integrated microwave, fridge/freezer, dishwasher, washing machine and induction cooker. Evidence[14]The parties completed the relevant MR1 (tenant), MR2 (landlord) and MR3 (tenant’s reply). The Tenant.[15]The tenants made the following comments: a) b) c) d) e) f) The electricity bills were very high. The electric boiler was old. The shower only provided warm (not hot) water. There were problems with the gate fob. They thought the market rent should be £1,050.00 pcm. Photographs were provided showing the interior and exterior of the property.[16]In terms of rental evidence, the tenant submitted similar properties to the subject property with rents ranging from £1,000.00 - £1,100.00 pcm. The Landlord[17]The landlord made the following comments: a) b) c) d) e) Only two of the seven properties submitted by the tenant had been upgraded. These were on the ground floor which made them less desirable than the property. This property had received a more extensive refurbishment. The electric boiler had been inspected and was working correctly. The gate fob was the responsibility of the management Company. This affected the whole block and the landlord was actively chasing for an update on a daily basis. The high electricity bills were first raised in 2023 but not mentioned since.[18]The landlord referred to a comparable property in Middleton Drive, Northfield, offered at £1,075.00 pcm. On the basis that £25,000.00 had been spent on the refurbishment he felt that the proposed rent was fair. 3[19]In response to the landlord’s submissions the tenants submitted: a) b) c) d) Since the initial application two further properties have been marketed at lower rentals. Proof of the amount spent on the refurbishment has not been provided. The quality of the refurbishment was questionable. There had been a leak from the shower and the kitchen sink. The fridge/freezer required replacement. The boiler still has not been replaced. Determination and Valuation[18]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 rent of the subject Property modernised and in good order would be in the order of £1,150.00 pcm. This is the rent we would expect the property to let for in the open market at the valuation date and if it was in the same general condition as the comparable properties including having white goods and curtains provided by the landlord. Decision[19]The Tribunal determines the new rent amount at £1,150.00 per calendar month with effect from 5 September 2026 which is the beginning of the first new period of the tenancy which begins on or after the date of the determination. 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. 4