T W Jones FRICSK BentleyDate 20 May 2026Property: 188 Birmingham Road, Coventry CV5 9HAType of application: Determination of a Market Rent sections 13 & 14 of the Housing Act 1988
DECISION
[1]The Tribunal determines a rent of £760 (Seven Hundred and Sixty Pounds) per calendar month with effect from 20th May 2026 ____________________________________[2]FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
REASONS
[2]On 18th February 2026 the Landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £800.00 per calendar month in place of the existing rent of £560.00 to take effect from 28th March 2026. On 14th March 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. Inspection[3]The Tenant requested the Tribunal inspect the property. The request was declined by the Tribunal the parties being informed of such by means of Directions dated 27 April 2026. The Tribunal considered the case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research. Evidence[8]The Tribunal considered the written submissions provided by both Tenant and Landlord. From the information provided it appears that the subject property is a 2-bedroom ground floor apartment the internal condition of which is in dispute between the parties. The Tenant averred that due to ongoing issues within the property including damp and mould, they had to replace a numerous items during the tenancy with some requiring replacement on more than one occasion which in turn affects the market rent. The Landlord disagreed with the Tenant’s contention regarding the internal condition of the property his position being supported by numerous professional reports within his submission together with a “Revocation of Improvement Notice” dated 29th of January 2026 issued by Coventry City Council confirming that all the works required under their Improvement Notice had been completed. The Tenant contested that the property was let with the fixtures and fittings as identified in her submission and as such were part of the tenancy agreement. The Landlord’s position was that whilst these fixtures and fittings were identified in an inventory dated November 2017 forming part of the original tenancy agreement, they were not part the current 2022 lease as the apartment having been let unfurnished. 2 3[9]As part of the submission the Landlord included supporting evidence indicating that the market rent of a 2-bedroom apartment ranged from £850-£975 per calendar month.[10]The tenant indicated in her opinion the market rent was between £560 and £600 per calendar month. No evidence was submitted in support of this assertion. Determination and Valuation[11]Having considered the comparable evidence provided 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 £800 per calendar month. From this level of rent we have made adjustments in relation to the nature of the property and the susceptibility to condensation issues which the Tribunal believes to and the tenant’s liability to redecorate.[12]The full valuation is shown below: Per Month Market Rent £800.00 Less a) Age/construction of the property relating to mould susceptibility and moisture ingress £40.00£760.00 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 £760 per calendar month with effect from 28th March 2026. Hardship[9]The Tenant raises hardship in their submissions. Accordingly, the Tribunal directs the new rent of £760 per calendar month is to take effect from 20th May 2026 this being the date of the Tribunal. Chairman: Date: 20th May 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. 4 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 188 Birmingham Road, Coventry CV5 9HA T W Jones K Bentley Landlord Joseph Woods & Charmian Woods Address 15 Oberon Drive, Shirley, Solihull. B90 2NU Tenant[1]The rent is: £760 Per calendar month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 20th May 2026[3]The amount included for services is/is not applicable Per Date assured tenancy commenced 29th July 2022 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 Two bedroom ground floor apartment Chairman Date of Decision 20th May 2026 First-tier Tribunal – Property Chamber File Ref No. BIR/00CQ/MNR/2026/0064