11 Meadow Bank House Robin Hood Way Nottingham NG2 1AN: BIR/00FY/MNR/2025/0651 BIR/00FY/MNR/2025/0651
REASONS
[1]The Landlord served a notice dated 10 February 2025 under Section 13(2) of the Housing Act 1988 which proposed a new rent of £743.93 per calendar month(pcm) - including services charges of £73.85pcm - in place of the existing rent of £700.02 pcm to take effect from 1 April 2025.[2]On 11 March 2025, 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 assured tenancy commenced on 29 November 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 curtains and white goods specified below) and the costs relating to the same.[5]Service charge of £73.85pcm Liability for Council Tax[6]The Tenant is responsible for the payment of Council Tax in respect of the Property.[7]The rent determined is exclusive of Council Tax. Any other terms of the tenancy taken into consideration in determining the rent[8]None. Inspection/Hearing[9]Neither party requested an inspection or a hearing.[10]The Tribunal considered this case on the basis of the papers provided by the parties and its own knowledge and specialist expertise. The Property[11]The Property is a second floor flat and provides the following accommodation: Internal: Living room, kitchen, bathroom, balcony and 2 bedrooms. Outside: Permit parking. The Property benefits from central heating and double glazing. The Tenant provided all the carpets and curtains and white goods (excluding the cooker). Evidence[12]Both the Tenant and the Landlord returned the Tribunal’s Reply forms. The Tenant[13]The Tenant submitted that there was a crack in the bathroom tile, a broken floor board which they have reported and awaiting repair.[14]No comparable evidence was submitted except reference to a neighbour on the same floor which they stated were paying less but no other details. The Landlord[15]The Landlord submitted details of various comparable properties as follows: Hindle House 11 Traffic St – 2 bed flat at £1,300pcm Manor House Close Wilford Village – 2 bed flat at £995pcm Dann Place Wilford – 2 bed flat at £950pcm Dann Place Wilford – 2 bed flat at £950pcm Robin Hood Way Nottingham – 2 bed flat at £875pcm Arkwright Walk Nottingham – 2 bed flat at £875pcm Gritley Mews The Meadows – 2 bed flat at £850pcm Beardsley Gardens Nottingham – 2 bed flat at £850pcm Flat A Holgate Road The Meadows – 2 bed flat at £850pcm Colliery Close Nottingham – 2 bed flat at £800pcm Determination and Valuation[16]The Tribunal had regard to the submissions and evidence and to its own expert general knowledge of rental values in the area.[17]The Tribunal considers that the market rental of the subject Property modernised and in good order would be in the order of £700pcm. This is the rent we would expect the property to let for in the open market if it was in the same general condition as other properties that are offered to let in the market.[18]The Tribunals full valuation is shown below: Starting Rent £700.00pcm Less Adjustments for condition £40.00 Market rent £660.00 Add Service Charge £73.85 Total £733.85 SAY £734.93 pcm Undue hardship[19]The new rent takes effect from the date specified in the Landlord’s Notice of Increase unless that would cause undue hardship to the tenant. In cases of undue hardship, the Tribunal has a discretion to fix a later starting date up to the date a Tribunal makes its determination.[20]The Tenant did not make an application in this respect. Decision[21]Therefore, the Tribunal determines the market rent at £734.93 (including a service charge of £73.85) per calendar month with effect from 1 April 2025. 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.