85 Dulverton Vale Bells Lane Nottingham NG8 6EB: BIR/00FY/MNR/2025/0860 BIR/00FY/MNR/2025/0860
REASONS
[1]On 2nd December 2025, the landlord served a notice under Section 13(2) of the Housing Act 1988 which proposed a new rent of £950.00 per calendar month (pcm) in place of the existing rent of £620.00 pcm to take effect from 20th January 2026.[2]On 3rd December 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]Based on the tenancy agreement it is understood that the tenancy commenced on 18th July 2017 for an unspecified term. It is understood that the tenancy 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. Inspection/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 Tribunal has not carried out an inspection.[10]Based on the application form the Tribunal understands that the property is a semi-detached house, offering the following accommodation: Ground Floor - Hall, one living room, kitchen. First Floor – Landing, three bedrooms and bathroom. Outside: Garden and garage. It is understood that carpets and curtains are provided by the landlord and some white goods by the tenant. The Tribunal assumes that the property benefits from central heating. The parties’ submissions indicate that there is part double glazing. Evidence[11]Both parties returned the Tribunal’s Reply forms. The tenant submits: a) The boiler is not currently working. b) There is a crack to lounge ceiling. c) There are damaged roof tiles. d) There is only part double glazing. e) The boundary fence requires repair. f) A copy of a Housing Report from Nottingham City Council was also provided confirming works were required to the staircase handrail, that a fan should be provided to the bathroom and that internal mould should be treated. g) Carpets and floor coverings are worn. h) Photographs were provided. i) The tenant stated she thought the rent should be £700.00-£800.00 per month. The present proposal was excessive. Comparables were provided including semi-detached houses at asking rentals of £895.00 & £900.00 per month. A terraced house was offered at £795.00 per month. j) Minor repairs have been completed but ongoing issues remain. The landlord submits: a) The crack to the ceiling has been repaired. b) A new boiler has been fitted and a fan installed (based on photographs provided) c) Attention to flooring and double glazing has not been completed. d) Photographs were submitted showing areas that had been repaired. e) Comparables were submitted including: 1) Ainsdale Crescent Nottingham – a fully modernised semi-detached house offered at £1,100.00 per month. 2) Frinton Road, Nottingham – a fully modernised end town house offered at £1,100.00 per month. 3) Allendale Avenue, Nottingham – a fully modernised end town house with three bedrooms offered at £1,100 per month. f) It is assumed that all the comparables have three bedrooms. Further comparables were provided but without addresses. Determination and Valuation[12]Relying on its own expert, general knowledge of rental values in the area, the Tribunal considers that the market rental of the subject property subject to the usual tenancy conditions would be in the order of £1,050.00 pcm. This is the rent we would expect the property to be let for in the open market.[13]However, the property is not in the condition we would expect if let in the open market and we therefore make the following deductions: a) Part double glazing. £30.00 b) Repairs to boundary fence £10.00 c) Worn carpets/floor coverings £30.00 d) Ongoing mould/damp £10.00 e) General presentation compared to comparables £125.00 £205.00[14]This results in a market rental of £845.00 per month.[15]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. The Tenant has asked the Tribunal to fix a later starting date in this case. She says she will otherwise be caused undue hardship because the rent is part funded by Universal Credit. The Universal Credit Statement provided confirms that the current rent is fully funded by Universal Credit. The Landlord objected to the Tenant’s application for postponement due to hardship on the basis that the tenant had not provided a full picture of her financial circumstances. As a result of our decision the rent will increase by £225.00 a month. The date specified in the Landlord’s Notice was 20th January 2026. The Tribunal disagrees with the landlord’s submission that the tenant has not provided a full picture of her financial circumstances. She has provided copy payslips and Universal Credit payment details together with details of her monthly outgoings. Based on the evidence supplied by the tenant, the Tribunal considers that for the increase to take effect from the date of the landlord’s Notice would cause undue hardship and accordingly sets the starting date for the new rent as 9th July 2026. Decision[16]Therefore, the Tribunal determines the market rent at £845.00 per calendar month with effect from 9th July 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.