10 Queen Elizabeth Avenue, Walsall, WS2 0HG BIR/00CU/MNR/2025/0621
REASONS
[1]The market rent is determined at £900.00 (Nine Hundred Pounds) per calendar month from 1 April 2025. REASONS[3]2 The tenant, Adrian Radoi, holds a monthly assured tenancy of 10 Queen Elizabeth Avenue, Walsall, WS2 0HG which is a three bedroom semi-detached house. The Tenancy Agreement commenced on 1 February 2023.[4]3 On 4 February 2025 the landlord served notice of increase under section 13(2) of The Housing Act 1988 proposing a rent increase from £800 pcm to £900 pcm to take effect on 1 April 2025. The rent did not include any Council Tax, water rates or service charges.[5]4 On 26 February 2025 the tenant applied for the rent to be determined by the First-tier Tribunal (Property Chamber).[6]5 The Tribunal has considered the case based on its own knowledge, experience and online research as neither party had submitted evidence of rents paid for comparable properties. Neither party requested a hearing.[9]'(1) Where, under subsection (4)(a) of section 13 above, a tenant refers to a rent assessment committee a notice under subsection (2) of that section, the committee shall determine the rent at which, subject to subsections (2) and (4) below, the committee consider that the dwelling-house concerned might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy -[10](a) which is a periodic tenancy having the same periods as those of the tenancy to[12](b) which begins at the beginning of the new period specified in the notice;[13](c) the terms of which (other than relating to the amount of the rent) are the same as[14]those of the tenancy to which the notice relates;...'[15]'(2) In making a determination under this section, there shall be disregarded -[16](a) any effect on the rent attributable to the granting of a tenancy to a sitting tenant;[17](b) any increase in the value of the dwelling-house attributable to a relevant[18]improvement carried out by a person who at the time it was carried out was the[20](i) was carried out otherwise than in pursuance of an obligation to the[23]7 The Tribunal has not inspected the property and relies upon the limited evidence relating to the property provided by the parties and online research.[25]8 The property is a three bedroom, semi-detached house in a residential area near Junction 10 of the M6, to the east of Wolverhampton.[26]9 It was let unfurnished and there are no services provided with the tenancy.[29]In a covering email to the Tribunal sent with the Application, the Tenant said the condition of the house did not justify a rent increase but did not identify any specific items to support this view. He referred to 'a number of faults and defects' which he said had not been rectified but there was no more detailed description or any photographs of the property showing the alleged defects.[32]12 Although the parties had provided no substantive evidence of market rents for this type of property, the Tribunal finds from its own knowledge and experience that the market rent would be around £900 pcm. We are unable to make any allowance for condition without evidence.[33]13 Accordingly, the Tribunal determines the rent under section 14 of The Housing Act 1988[34]at £900.00 (Nine Hundred pounds) pcm with effect from 1 April 2025.[38]If either party is dissatisfied with this decision an application may be made to the Upper Tribunal, Property Chamber (Residential Property) on a point of law arising from this Decision only. Prior to making such an appeal, an application must be made, in writing, to the Tribunal for permission to appeal. Any such application must be received 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 on which it is intended to rely in the appeal.