Ana – Loredana GhiuzanApplicantB ShockerRespondentAna – Loredana GhiuzanTenantB ShockerLandlord
Before
V Ward BSc Hons FRICSN Atherton MRICS Dip RatingDate 29 August 2025Property: 134 Rosefield Road Smethwick Birmingham B67 6DZType of application: Determination of a Market Rent under sections 13 & 14 of the Housing Act 1988
DECISION
The Tribunal determines a rent of £950.00 per calendar month with effect from 1 February 2025. ____________________________________
REASONS
[1]The Landlord served a notice under Section 13(2) of the Housing Act 1988 (“the Act”) which proposed a new rent of £975.00 per calendar month (pcm), in place of the existing rent of £575.00 pcm, to take effect from 1 February 2025. The original tenancy commenced on 4 October 2018.[2]By an application received on 11 March 2025, under Section 13(4)(a) of the Act, the Tenant referred the Landlord’s notice proposing a new rent to the Tribunal for determination of a market rent.[3]There were initially concerns over the validity of the notice however following submissions from the Landlord, the Tribunal satisfied itself as to the validity of the notice sufficient for its jurisdiction to be engaged. Inspection[4]The Tribunal has not carried out an inspection of the Property. Neither party requested an oral hearing. Accordingly, the Tribunal has considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research. The Property[5]The application form combined with the Tribunal’s own research, confirmed essential details of the Property as a terraced house standing in an elevated position relative to the roadway, offering the following accommodation: Two living rooms, kitchen, three bedrooms, kitchen bathroom and toilet. Outside: Forecourt and gardens. The Property is situated approximately four miles to the west of Birmingham City centre. There are amenities available with close proximity of the subject Property. Evidence[6]Neither the Tenant nor the Landlord returned the Tribunal’s Reply forms however the Tenant stated in their application form that they had decorated the Property several times and kept the same in good condition. They also stated that there was a mould problem in one of the living rooms but they had purchased a dehumidifier to limit any further damage. Determination and Valuation[7]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the majority of achieved rentals appear to be in the order of £1000.00 pcm for this type of Property. Considering the Property relative to the comparable information available, the Tribunal adopts this rental as a starting point.[8]From this level of rent, the Tribunal has made adjustments in relation to the following: a) Tenant’s decorating liability at 5%. The full valuation is shown below: pcm Market Rent £1000.00 Less a) Items given under a) above £50.00£50.00 Say £950.00 Decision[12]Therefore, the Tribunal determines the market rent at £950.00 with effect from 1 February 2025. Chairman: V Ward 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. First-tier Tribunal – Property Chamber File Ref No. BIR/00CU/MNR/2025/0632 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. 19 Fellows Park Gardens Walsall WS2 9DT V Ward BSc Hons FRICS N Atherton MRICS Dip Rating Landlord Najran Partnership Address Tenant Danielle Harris[1]The rent is: £950.00 Per month (excluding water rates and council tax but including any amounts in paras 3)[2]The date the decision takes effect is: 1 February 2025[3]The amount included for services is not applicable Per Date assured tenancy commenced 4 October 2018 Length of the term or rental period Monthly[6]Allocation of liability for repairs Landlord and Tenant Act 1985[7]Furniture provided by landlord or superior landlord[8]Description of premises Terraced house with three bedrooms. Chairman V Ward Date of Decision 29 August 2025